To win a Michigan driver’s license restoration or clearance case, a person must satisfy certain legal requirements, most of which are set out in the main rule governing license appeals. As Michigan driver’s license restoration lawyers, we know that a lot of people, including lawyers who hold themselves out to “do” license restorations, miss a critical part of the written law that’s spelled out before any of the legal issues or requirements are specified. As we’ll see, this language is so simple that it’s easily overlooked, but missing it will (and, in fact, must) result in a license appeal case being denied.
The main rule that really controls the whole license appeal process begins with this critical sentence: “The hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves, by clear and convincing evidence, all of the following…” Notice the 5th word in that sentence: it’s “not.” This means that the rule begins by instructing the hearing officer to NOT grant a license appeal unless, as it goes on to say, the person proves his or her case by what is specified as “clear and convincing evidence.”
In other words, the hearing officer is essentially supposed to begin considering a case with “no” as the answer, and can only change his or her mind if the person presents favorable evidence that is both “clear and convincing.” To put this in perspective, it’s important to note that there is no other legal rule (at least none of which I’m aware) that begins with a negative mandate like this, and that’s huge. Unfortunately, the significance of this one little word (“not”) is often missed.