Articles Posted in Driver’s License Restoration

In part 1 of this article, I began reviewing how my in-depth understanding of recovery, and the various way people do, in fact, recover from alcohol (and drug) problems gives me a decided advantage as a Michigan driver’s license restoration lawyer, to the point that my office guarantees to win every first time license restoration and clearance case we take. Our overview began with a discussion on the importance of examining a person’s relationship with alcohol in the context of DUI cases, and particularly 2nd offense cases. Here, in part 2, we’re going to shift that focus to recovery, and how that is central to success in a driver’s license appeal case.

2-300x184When someone contacts me about a license restoration or clearance appeal, the first thing I want to know is the last time he or she had a drink. There is no way to overstate this: proving you have quit drinking for a sufficient period of time and have the commitment and tools to remain alcohol-free is the absolute key to winning a driver’s license appeal. Nothing else matters without sobriety.

This is where a lot of people, including lawyers, get lost – right at the part about having the “commitment and tools” to stay sober. Pretty much everyone in the world is familiar with AA, but unfortunately, that’s also just about all most people know about recovery. For a long time, AA was the only game in town. Before AA, the only way to address alcohol problems was what we now call the “moral model,” where the hope was a person could be shamed into not drinking anymore, or somehow “prayed” into recovery. Not surprisingly, that didn’t work.

Up until recently, if you would have asked what I think sets me apart as a Michigan driver’s license restoration lawyer, my answer would have almost certainly centered on the fact that my office guarantees to win every license restoration and clearance case we take. However, a recent discussion with Ann, my senior assistant, provided an insight that I think is helpful to someone as he or she looks for a lawyer. As she pointed out, what makes us so different from every other lawyer is that we really know and care about recovery and sobriety. We’ll examine this over 2 installments.

heart-recovery-300x218In a very real way, I seemed to have overlooked the recovery aspect, probably because it’s so central to who I am and the work I do. To be sure, my articles about sobriety leave no doubt that my understanding of the development, diagnosis, treatment of, and recovery from alcohol and drug problems runs very deep, and goes miles beyond the legal aspects involved in winning a license appeal. Having completed a post-graduate program of addiction studies, I bring a healthy measure of clinical knowledge unmatched by any other lawyer I know.

However, it goes even farther than that, because my reasons for spending the money and time on all this was to be able to actually help my clients; first, as people, and second, within the context of their license restoration, DUI or criminal cases. That’s the part I have been overlooking. I’m going to put false modesty aside for a moment and candidly point out that if you’re looking for a lawyer, you simply will not find any other attorney or law firm that comes close to knowing about or believing in recovery like me and my team.

In this article, I want to make clear that the absolute key to winning a Michigan driver’s license restoration or clearance appeal is proving that you have quit drinking and are a safe bet to never drink (or get high) again. It doesn’t matter how long you haven’t had a license, or have otherwise been unable to drive. In my role as a Michigan driver’s license restoration lawyer, one of the most common things I hear from people who want to drive again is that it has been a long time since they had a license. In fact, this is often the first thing someone writes about in an email contact form: “It’s been [X number of] years since I’ve had a license,” or “I haven’t had a license for [X number of] years, or, “I haven’t driven since [X amount of time].”

abba9b5999fee0dd895a1cfeadbd94a8-300x262I cannot say this enough: sobriety is the absolute first requirement for winning a license appeal. This means that you have to prove to the state that you are sober before anything else. We’ll see this as we examine the main rule governing license appeals later, in this installment. Beyond that, it does not matter how long a person has been without a license, or how long it’s been since he or she last got into any trouble. In fact, it doesn’t matter if a person has won a Nobel Prize in the meantime: until he or she can demonstrate that he or she has quit drinking and has the commitment and tools to remain alcohol-free, the Michigan Secretary of State (SOS) won’t even consider granting his or her driver’s license restoration or clearance appeal.

It’s important to understand that “alcohol-free” means just that: no alcohol. There is no room in the license reinstatement process for ANY drinking, getting high, partying, or the use of any mind or mood altering substances, ever. In fact, if a person has a prescription for any medications that are either potentially habit-forming, or can be mind or mood altering, we’re going to have to address that and not only show that it is medically necessary, but we’ll also have to provide certain other, specific information from his or her prescribing physician(s).

I am the original Michigan driver’s license restoration lawyer. Over the last several years, more and more “McLicense” lawyers have popped up, trying to market themselves in this field by doing things like using some version of the words “driver’s license restoration” or  “driver’s license restoration lawyer” in their website names to hawk their services on google ads. And while these tactics might have some value, the fact is that I was winning license appeals nearly 30 years ago, and was writing blog articles about how I do that more than 10 years ago, before many of these attorneys were even admitted to the bar, or had ever handled their first Secretary of State case.

DOogI’ve had a guarantee to win every case I take longer than most of these websites has been around. Beyond me, there is a very small circle of bona-fide license appeal lawyers scattered across the state, all of whom have been practicing for 20 years or more. Any one of us in this little group has forgotten more than all these Johnny-come-lately, copy-cat operations will ever know about license restorations. Although these newbies try and make it look like license reinstatement issues are the focus of their practice, as I noted, there are rather few of us who truly concentrate in this field. Unlike most of my other “informational” articles, this one will be a piece of shameless self-promotion, so hold on…

I am uniquely qualified to help you win your driver’s license restoration or clearance appeal because beyond just being a lawyer, I also have a formal, university post-graduate background in addiction studies. This clinical training enables me to really understand the various processes of recovery, and that, in turn, enables me to present my cases so that I can guarantee to win every one I take. For example, the majority of my clients are NOT in AA, and many have never even been to a single meeting, but that couldn’t matter less, because they all do win. It kills me that some lawyers actually misinform people they need to go to AA in order to win their license back…

Among the questions anyone looking for a lawyer to help in a criminal case, handle a DUI charge, or win a driver’s license restoration or clearance appeal will have is “how much?” This goes well beyond just being able to afford a particular lawyer. In a recent video for my Youtube channel, I tried to explain why I list my prices on my website and this blog. In this article, I want to expand on that a bit and examine why I am the only lawyer I know of in my field to publish my fees.

2-290x300It may sound corny, but it begins with the simple proposition that, in my professional life I always try to treat others as I would wish to be treated if I was on the other side of the transaction. If there’s one thing I absolutely HATE when I’m the consumer, it’s any kind of BS or evasiveness surrounding cost. When I call a business, I expect to be able to get a price, unless it’s for something like a repair job, where a technician has to first diagnose the problem, but even then, there is no good reason to not be able to at least provide a “ballpark” figure. I won’t accept less.

Unfortunately, most of the lawyers who do list prices are in legal fields where the goal is to be the cheapest. That’s always a race to the bottom, but thankfully, I don’t work in any of those areas. Within my areas of practice, I am not in competition with anyone else based on price. I know full well that my fees are nowhere near the cheapest out there, and for certain things, they are higher than most.

Within all the articles on this blog, the “voice” of the lawyer is one topic that is inherent in all of them, but never really addressed directly in any one of them. In this article, I want to zero in on the idea that every lawyer has a certain voice – a particular way of presenting things – and examine how important that is within the context of something like a criminal, DUI or driver’s license restoration case.

Voicer-2-300x215For everything we’re going to discuss, the bottom line is that you either hire a lawyer who is charismatic, persuasive and inspires confidence – or not. And why would anyone choose “or not?” In my own life, I much prefer to deal with someone who is genuine and interesting, rather than endure boring, politically correct blandness. In the role of lawyer, it’s far better if a person presents him or herself clearly, and with real “feeling.”

Being represented by a lawyer who stammers, stutters, or otherwise doesn’t speak exceptionally well is like being operated upon by a surgeon with a bad case of Parkinson’s disease. In courtrooms and hearing rooms, EVERYTHING depends on how well or not a lawyer communicates. No matter how you cut it, an attorney either sells the client’s case or not. Remember, the prize for not winning is losing. There is no way to sugar-coat this simple reality.

Certain conditions must be met in order to win a Michigan driver’s license restoration or clearance case. The 2 most important of these are, first, that a person proves he or she has not had a drink for a “sufficient” period of time, and second, that he or she is a safe bet to never drink again. In my role as a Michigan driver’s license restoration lawyer, I sometimes encounter a few people who seem determined to have conflict with everyone and everything they meet. The State of Michigan has a very specific system in place to decide license appeal cases, and it doesn’t bend for anyone. In this article, I want to make clear that, unlike ordering a hamburger, when it comes to winning your license back, you can’t just have it your way.

BKK3-300x164In order to win, a license appeal case must comply with the rules established by the Secretary of State. If it was up to me, there are lots of things I would change about the license appeal system, but it’s not. Instead, it is what it is, and not what you, me or anyone else wants it to be. In order to win, I have to work squarely within the state’s guidelines. Most people get this, but it can be a problem for those who aren’t particularly good at following rules.

The state, for its part, doesn’t “care” if someone ever drives again. It is important to understand that among those people whose driver’s licenses are revoked for multiple DUI’s, only a minority of them really do quit drinking for good, and that is the absolute key to winning a license appeal. The license restoration process, therefore, is really about screening these people out from the larger group. At the end of the day, a person either meets the standards set by the state or not.

One reality that we confront just about daily, as a Michigan driver’s license restoration practice, is that plenty of the people who become our clients have previously tried to win their license back, without a lawyer, and then lost. I deal with the fallout from unsuccessful DIY cases almost every day. Whatever else, these people didn’t lose because things were done right. In this article, I want to explain a few things about some of the potential pitfalls that a person, and even a lawyer without considerable experience in this field, may encounter in trying a license appeal.

https://www.michigancriminaldefenselawyerblog.com/wp-content/uploads/sites/286/2019/03/DIY-Disaster-2.0-300x226.jpgAlthough I don’t think it’s a good idea to wing it in this kind of endeavor on your own, I want to be perfectly clear, up front, that, for the most part, anyone interested in trying a “do-it-yourself” license restoration or clearance case should give it a shot. In other words, I’m not using this article as any kind of scare tactic to frighten someone out of attempting it. On the contrary, I believe that if you want to give this a try, then by all means, go for it. Then, call me later.

The simple truth is that it’s far easier for me to speak with someone who has previously tried on his or her own and lost, than it is for me to waste my time trying to convince him or her not to do so in the first place. The reason is simple; after someone tries and loses, they’ll have a much better appreciation for the depth of what they don’t understand about the process. This becomes clear as people read the order denying their case and get a real sense of things, like how important the evidence is, and that there is far more to winning these cases than they had ever thought.

In part 1 of this article, I began explaining why someone who has a Michigan hold on his or her driving record, but doesn’t live here, should come back to get it cleared. The Secretary of State requires an accurate and thorough substance use evaluation, and the best way to get one is by seeing an evaluator with extensive experience doing them for Michigan license appeals, something that simply cannot be found in a therapist who practices in another state. Here, in part 2, I will continue my examination of how this “quality control” applies to the letters of support, the preparation for a live hearing, and then the hearing itself. It is attention to these details that enables me, as Michigan driver’s license restoration lawyer, to guarantee to win every case I take.

retina-display-textures-7-728-300x155The control I exercise over a case is a direct result of starting out by meeting with the client in person, and getting to know him or her, and the details of his or her recovery story. Everyone who is sober has a recovery story. Whatever else, nobody decides to quit drinking because it’s working out so well. Usually, people stop drinking long after they otherwise should have, a fact that usually becomes clear in hindsight. An important part of my job is to help bring that recovery story to life, so that it gets translated and conveyed properly within the evidence we submit.

Beyond the evaluation, another key part of that evidence are the letters of support. The Secretary of state requires a minimum of 3 such testimonial letters (we require 4 in my office), and that’s part of what we go over at that initial, 3-hour meeting. We take the time to explain to the client how the letters should be done, and what kinds of things should and should not be included within them. In the real world, there is probably no single thing responsible for as many denials in license appeal cases as inadequate letters of support. That is a completely avoidable mistake.

This will be a 2-part article for people who live out of state and can’t get or renew a driver’s license there because of a Michigan hold on their driving record. Most (but not all) of the people who fall into this category previously had a Michigan driver’s license that was revoked for multiple DUI’s. Less often, some folks affected by this may have never had a Michigan license, but instead picked up a 2nd or subsequent offense here, which cause the revocation of their driving privileges within this state that, in turn, became a “hold” on their license.

Clearance_Ahead-720x300-300x147No matter what the backstory, the bottom line is that there are a lot of people who don’t live here but can’t drive because of a Michigan hold on their driving record. The fix for this problem is called a “clearance,” which is a release of that hold. Clearances often get lumped into the broader “driver’s license restoration” category, because getting a clearance requires submitting the same evidence that one would file in a driver’s license restoration case. In addition, the appeal process is similar, and if done properly, is actually identical. We’ll get to that soon.

There are 2 key differences between a straight-up driver’s license restoration and a clearance, however, beginning with the fact that only a Michigan resident can “restore” his or her license. No state can issue a driver’s license to a non-resident. In other words, a person must declare residency in a particular state in order to be eligible for a license there. Thus, anyone who no longer lives (or never did live) in Michigan can only obtain a clearance of the hold on his or her driving record so that he or she can go to the DMV in their new state and then get a license.