Articles Posted in Driver’s License Restoration – Out of State Issues

Every Michigan driver’s license restoration and clearance appeal is decided by a hearing officer. Technically called an “administrative law examiner” (for all practical purposes, the same thing as an “administrative law Judge”), a hearing officer is a licensed attorney employed by the Michigan Secretary of State’s Office of Hearings and Administrative Oversight. Because they decide all license appeal (including implied consent and ignition interlock violations) matters, SOS hearing officers serve an incredibly important function.

fairness-278x300For as much power as they have to approve or deny license appeals, hearing officers are constrained to exercise it within very strict rules. This is important, because even many lawyers don’t know the ins and outs of these rules, and fewer still work with them enough to really understand how they are interpreted and applied by each hearing officer. People who lose a “do-it-yourself” license appeal (or who lose with some lawyer who does not concentrate in this field) often become frustrated at their lack of success, and wrongly blame the hearing officer, without understanding how the application of the rules controlled the outcome of their case.

Although the governing rules are written in black and white, the way each hearing officer interprets certain parts of them can vary, essentially meaning that there is a lot of gray area. This is where the uniqueness of the various hearing officers matters, and why it is very important for us, as driver’s license restoration attorneys, to know each one, and how he or she does things. Something that one hearing officer couldn’t care less about may be a complete deal killer with another. If the lawyer doesn’t know how this applies to every part of a case, then he or she is not properly prepared to move forward with it.

In the course of having written more than 500 articles about driver’s license restoration, I have consistently made clear that a person must be genuinely sober to win a Michigan driver’s license restoration or clearance case. Because this is so fundamental to the whole license appeal process, it is worth repeating that there are 2 facets to being “sober,” in the way that qualifies someone to win a license appeal: First, that you have given up drinking and remained completely abstinent for a “sufficient” period of time (in my office, we generally want our clients to have a minimum of 18 months’ alcohol-free), and second, that you have the commitment to remain sober for life.

nodrinking-3Being able to win a license appeal and drinking alcohol are mutually exclusive things. The Michigan Secretary of State has drawn a line in the sand: after 2 or more DUI’s, the only people who will ever be allowed back on the road are those who can prove they have quit drinking for good. The state sees anyone who has had his or her license revoked after multiple DUI’s as too much of a risk when it comes to alcohol. It may not be able to stop such a person from drinking anymore, but it’s not going to let them drive as long as they do. You can’t get past the fact that people who don’t drink are exactly zero risk to drink and drive.

Even though I try and explain the requirement that a person must be sober to win a license appeal quite regularly, and probably because of the sheer volume of information I put out (not everyone is a big reader, after all), as well as the fact that my team and I guarantee to win every first time driver’s license restoration or clearance case we take, people find me online and think “he’s the guy.” While that’s flattering (and for anyone who’s has honestly quit drinking, I certainly AM the guy), the sobriety requirement is set in stone, and is the key issue in every Michigan driver’s license restoration or clearance appeal.

The best way for someone who lives out of state to remove a Michigan  Secretary of State hold on his or her driving record is to come back and do it in person. My office handles about 200 license appeal cases every year, and more than 1/3 of them are clearance cases for people who have moved out of state. Part of the reason we guarantee to win every case we take is that we require our out-of-state clients to come back, in order to do this right. The alternative to coming back is an “administrative review,” which is an appeal by mail where, instead of appearing for a live, in-person hearing, a person merely sends in his or her evidence for consideration. Each year, 3 out of 4 administrative reviews are denied.

SSSSS-273x300Let me be very clear about this: even though we don’t do administrative reviews, it is not my intention to try and dissuade anyone who wants to give it a shot from doing so. I could write a book about all the things that can, and usually do go wrong with these “appeals,” but for all that effort, it’s far easier for me, instead trying to talk anyone out of trying an administrative review, to just say give it a whirl; if you win, then good for you, and if you don’t, then call us. For everything else I could say, the reality is that many of the people who hire us for a “proper” clearance have already tried to do it on their own, and called us after losing.

There are lot of reasons that administrative reviews fail, but 2 of them stand above all others: First, most of them are based upon an inadequate substance use evaluation, and second, not being present to answer the hearing officer’s questions is a real problem, since there are always questions. In the real world, most lawyers don’t really know how to properly do a license restoration or clearance appeal (certainly not enough to guarantee their work), so how can better work be expected of anyone trying it on his or her own? The fix, of course, is simple: skip the shortcuts, come back, and do this right.

As Michigan driver’s license restoration lawyers, we hear a lot of the same things over and over again. One of the most common things we’re told is that a person “needs” to get his or her license back. This is a topic I have to address rather frequently in order to keep it in the reader’s line of sight. In this article, I want to make clear that “needing” a license has nothing to do with actually being able to win it back, and then focus on the main thing the Michigan Secretary of State looks for in every license appeal: real sobriety.

Pencil-4License restoration and clearance appeals are decided under strict rules that essentially require a person prove, by what the law defines as “clear and convincing evidence,” that he or she has not consumed any alcohol (or used any drugs) for a a “sufficient” period of time (generally, my office requires a minimum of 18 months’ clean and sober), and that he or she also has the commitment and tools to remain alcohol (and drug) free for good. In other words, a person has to prove he or she has honestly quit drinking (and/or getting high) and is a safe bet to never drink or use again.

As complicated as the whole license appeal process can get, each and every one starts when a person who has had his or her license revoked for multiple DUI’s files an appeal to get it back. The ONLY thing the state cares about in all of these cases is making sure the person is not a risk to drive drunk again, and the law makes clear that the only people who will be allowed to drive again are those who no longer drink, and can show that they are likely to never drink again. In the context of a license appeal, the line in the sand has been drawn at no drinking, because people who don’t drink are exactly zero risk to drink and drive.

There are 3 things you must have in order to win a Michigan driver’s license restoration or clearance case: First, you must have a sufficient period of abstinence. Second, you must be legally eligible. Third, you must have some basic understanding of how to stay sober. This is not to say that just having these things, by themselves, means you will win your case, but rather that, without all 3 of them, you are dead in the water. This article will provide a single-installment overview of these 3 non-negotiable requirements to win a license appeal.

aaa-255x300It helps to know why the Michigan Secretary of State does things the way it does. The written law specifies that “The hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves, by clear and convincing evidence,” that his or her alcohol problem is under control, and likely to remain under control. This means that the hearing officer does not sit impartially, as if he or she is holding a set of evenly balanced scales of justice, in order to decide “yes” or “no”. Instead, they start out with the scales tipped all the way to the “no” side and then require that you pile on enough evidence to tip them the other way.

This is very different than how we think about court cases, both civil and criminal, where, to use our scales of justice imagery, the proceedings begin with the scales set evenly. Each party puts the evidence on their side, in order to tip the scales in their favor. However, in a license appeal, there is only one side. The person appealing for a license is the only party and has the entire burden of proof to show that his or her alcohol problem is under control, meaning that he or she has a “sufficient” period of abstinence, and that his or her alcohol problem is “likely to remain under control, meaning hat he or she presents as a safe bet to never drink again. Let’s see how all this ties in with the 3 conditions I listed, above.

It has been a while since I have written about our guarantee to win every initial driver’s license and clearance case we take. Therefore, It is a good time to bring the topic back for what I hope will be a somewhat refreshed discussion about it. The fact that my team and I provide this guarantee means anyone we represent for a license restoration or clearance appeal does not have to worry about risking his or her money to “try” and win back their driving privileges. Instead, you will only pay us once to win your license back.

ZZZ-300x287As reassuring as that sounds, the simple fact is we really make our money winning these cases the first time around. As much as our guarantee matters, my team and I basically count on NOT having to do any case a second time. This is our business model. In order to make that happen, we have to be careful in our case screenings and make sure we don’t take every case that comes our way. In order to provide our guarantee, we have to turn away plenty of people who are more than willing to pay our fee, but are not otherwise eligible and qualified to win.

This means that our guarantee serves to both protect the clients, while also protecting us from making a bad decision in taking a case that can not be made into a sure winner. Of course, there are plenty of people who, while they’re nowhere near being able to win a license appeal at a given moment, do have the necessary “ingredients” from which we can make a successful case; they just need to have things properly “worked over.” This is our specialty, and we do it day-in and day -ut.

In part 1 of this article, we began an examination of how much abstinence you should have before filing a Michigan driver’s license restoration or clearance case. I pointed out that my office will generally not request a hearing until the client has at least 18 months of sobriety prior to their haring date. I also noted that the more sobriety a person has, the better, and the easiest way to figure out if you do (or don’t) have enough sobriety time to move forward with a license appeal is to simply call our office and ask. In this second part, I want to look at the role in which support plays in a person’s sobriety, and then see how that interacts with the length of time a person has been abstinent, particularly in the context of a license appeal.

2-300x240Sobriety is one thing, but support for it is another. Sobriety comes from the inside, while “support” mostly comes from the outside. Although they’re separate issues, the amount of time a person has been sober and the kind of support they do (or don’t) have interacts in a way that directly affects how a Michigan Secretary of State hearing officer will perceive his or her case. Just as with sober time, the more support a person has to stay sober, the better, especially when it comes to wining a license appeal.

Hold on, though, because almost instantly, most people will mentally jump from “support” to “support group,” and then, in turn, too AA. That’s a mistake. In fact, the majority of our clients are NOT active in AA when they come to see us, and we NEVER recommend that anyone “start going” if they’re not already in the program.

Winning a Michigan driver’s license restoration or clearance case requires proving that you have been completely abstinent from alcohol (and/or drugs) for a sufficient period of time and that you are a safe bet to never drink (and/or use drugs) again. Legally speaking, you must prove, by “clear and convincing evidence,” that your alcohol (and/or drug) problem is under control, and that it is likely to remain under control. In this article, I want to zoom in on how much abstinence you really need, and how that ties in with the kind of “support” required by the Michigan Secretary of State.

How-Much-is-EnoughIf there is one constant about the driver’s license restoration and clearance process, it is always evolving and changing. The way things worked just a few years ago is very different from how they work now. For example, up until recently, having a medical marijuana card was a guaranteed shortcut to losing a license appeal. This is no longer the case, however, because the state’s thinking on this issue has evolved. Nowadays, medical marijuana card holders (albeit for more serious conditions) can and do win license appeals.

A trend we’ve been noticing of late is the hearing officers looking more closely at the kind of support for sobriety a person does or doesn’t have, especially when the person has a shorter, rather than a longer, period of sobriety. It has always been (and will always be) the case that the more time since a person’s last drink (and/or use of drugs), the better. Therefore, in the context of a license appeal, the less clean time a person has to his or her credit, the more the state is going to look for evidence of a good support system. As we will see in part 2, support can be found in many different ways including; group meetings, social connections, and the home environment.

As Michigan driver’s license restoration lawyers, we work on license appeals every day. There are a lot of “moving parts” in these cases, and even the most straightforward of them calls for a significant amount of attention. One thing we frequently hear from callers is a sense of frustration that they “have to go through all of this” to get their license back. The point of this article is to try and explain that, while the license restoration process is, in a manner of speaking, a pain in the rear, it is also non-negotiable, and that either you do what the Michigan Secretary of State requires, or you won’t get your license back.

Office-2-300x290It’s a given that it was a hassle to have gone through all the court stuff from a DUI, including probation and testing and having had to paid fines and costs and whatever else. The problem, however, is that the frustration most people feel about having, as they say, “to jump through hoops” to win their license back, while very real, also misses the fact that after racking up multiple DUI’s, the license revocation process is every bit as much about protecting the public as it is about punishing the offender.

Michigan’s drunk driving law clearly states that if a person racks up 2 DUI’s within 7 years, or 3 within 10 years, his or her license will be revoked. Most people, however, never read the law, and are surprised to learn that having their license “revoked” means having it taken away for good, and not just suspended for a certain period of time. This is often why they’ll say things like, “I thought I did everything I had to do – I went to the classes, paid the fines and went through probation” when they learn they have to file an appeal to even be considered for the return of driving privileges.

Winning a Michigan driver’s license restoration or clearance case requires proving 2 main things by what is defined as “clear and convincing evidence.” First, you must show that your alcohol (and/or substance abuse) problem is “under control,” meaning you have been alcohol and/or drug-free for a sufficient period of time, and second, that it (after 2 alcohol and/or drug-related driving convictions, you are presumed to have some kind of substance abuse problem) is “likely to remain under control,” meaning that you are a safe bet to never drink or use drugs again.

66b1d-scales-3-300x278In this article, I want to do a brief overview of what “clear and convincing” means in the real world, because it’s not only the very key to success, but is also dreadfully overlooked by just about everyone except the hearing officers who decide this cases, and anyone who finds him or herself reading an order denying their appeal. “Clear and convincing evidence” is the legal standard of proof required to win a license appeal, and it is specifically required by the rules that govern all such cases. You either meet this standard, or you lose.

As a starting point, we can begin by saying that “clear and convincing” is close to – but not quite as strong as – proof “beyond a reasonable doubt,” the legal burden of proof for finding someone guilty of a crime. A colleague of mine once used a baseball analogy and said that if “beyond a reasonable doubt” is like a home run, then “clear and convincing” equals a triple. If you understand baseball, then that’s a good comparison. If not, then the following analyses will help.