One of the most important yet frequently overlooked things in a Michigan driver’s license restoration or clearance case is a person’s recovery story. Some people never think about getting sober in this way, and go on to win their cases without ever being aware of the “story” element that underlies it. Nevertheless, it’s always there, in every winning case, just like breathing is “there” for every living person. In this article, I want to bring this ever-present aspect of license appeals into plain view, because by doing that, we’ll see what really makes a winning case “tick.”
The first thing we need to spell out is the actual, legal objective of a license appeal. A person wins a race by being the first to cross the finish line; likewise, he or she wins a hot dog eating competition by eating the most hot dogs. In almost every endeavor, a person begins the process knowing exactly what he or she must do to succeed. One of the strange realities is that often enough, people jump into a license appeal without understanding the rules, figuring that the fact that they “need” a license and/or haven’t been in any trouble for a while is enough to win.
It’s not. To have any chance at winning a driver’s license restoration or clearance appeal, a person must prove 2 things, by what the Michigan Secretary of State defines as “clear and convincing evidence”: First, that his or her alcohol problem is “under control,” meaning that he or she can prove they haven’t had a drink for a “sufficient” period of time, and second, that his or her alcohol problem is “likely to remain under control,” meaning that he or she has the commitment and ability to remain alcohol-free for good.