Michigan Criminal Defense Lawyer Blog
Reading Driving Records is part of what I do everyday as a Michigan Driver’s License Restoration Lawyer. On any given day, my Office answers inquiries from any number of callers either telling us that they’re eligible to file a License Appeal, and want to begin the process, or asking us if they are, in fact, eligible. Often, the caller will know how many years have passed since their last DUI. From there, they either presume that they are ready to go, or believe that, having been provided with that information, I can make that determination.
This uncharacteristically short article will examine “eligibility” to file a License Appeal, but not so much as an analysis of the rules affecting when a person can proceed, but rather how and why they should get a copy of their Michigan Driving Record in order for me to determine and verify that they are, in fact, eligible.
To be clear, there are just some cases so cut and dried that I don’t need to review a person’s Driving Record to know they’re good to go. Here’s where a review of the rules and consequences of multiple DUI’s is helpful. The previous link will take the reader to the more detailed subsection of my website. Here, we can summarize as follows:
Two (2) DUI convictions within seven (7) years = 1-year Revocation
Three (3) DUI convictions within ten (10) years = 5-year Revocation
Accordingly, if someone calls my Office and says, for example, that their entire Record consists of just 2 DUI’S, the last having been over 2 years ago, that they’ve been off of Probation for at least several months, and that they’ve never had any Tickets since then, I can tell, without referring to any Driving Record, that they are at least legally and really eligible to seek Restoration of their Driver’s License.
When someone calls, however, and has more tha 2 DUI’s, and isn’t clear on the dates, or they’ve been caught Driving after they’ve had their License Revoked, or has a combination of DUI’s from more than 1 state, then it’s best if I verify their eligibility by reviewing their Driving Record. And getting that Record is easier than ever…
Michigan has made it simple to get a copy of your Driving Record by just showing up at any Secretary of State Branch Office and buying one for $7. Those who live out of state will need to order it from the Secretary of State. Whatever else, I STRONGLY RECOMMEND that a person get an “official” driving Record from the Michigan Secretary of State, and not obtain a so-called “Driving Record” from anywhere else. There are loads of sites and services that claim to offer a Michigan (and probably every other state’s) “Driving Record,” but these are not official state Records, and they often lack essential information that is contained in those issued by the state. Every time someone has, at my request, sent a “Driving Record” for my review, and has paid for one of these “internet job” Driving Records, I have been unable to obtain a complete picture of their eligibility. Beyond costing more, these crappy “Records” offer less. To repeat; DO NOT get a Driving Record from any place other than the State of Michigan.
The only downside to being able to walk into a Secretary of State Office and get a Record for $7 affects those who live outside of Michigan. They’ll have to order a Driving Record, and won’t be able to obtain it instantly. Big deal. Chances are, they’ve waited longer than their first eligibility date anyway, so what’s another few days? Remember, Driver’s License Restoration is all about doing things the right way. There are no shortcuts.
Part and parcel of my License Restoration Practice is that I Guarantee that I will win any Appeal I accept the first time around. If I do not, then I will continue to represent the Client before the Michigan Secretary of State’s Driver Assessment and Appeal Division (DAAD) without further Legal Fee. In order to stand behind my Guarantee, I first have to make sure that a Client is legally eligible to proceed, and the best way for me to do that is to review their Driving Record. I do that for free. After speaking with a person I will accept a Record for review via fax (fax # 586-465-5966) or email (jrandalaw@gmail.com), or any other way a potential Client can get it to me. I simply ask that the person provide contact information on the Record so I can get back with them.
Once I have determined that a person is legally eligible to file a License Appeal, I then need to make sure that they are really and truly Sober. If they are both eligible, and Sober, then we can begin the process of getting them back on the road. In the Driver’ s License Restoration section of this blog, I have tons (this is the 117th) of highly detailed, informational articles examining every aspect of License Appeals. Anyone interested in hiring me and being Guaranteed a win should take the time to explore this section and learn as much or as little as they’d to like about the Winning back their Driver’s License. Of course, when they’re really serious, they should pick up the phone and call my Office 586-228-6523 in order to ask any questions they might have, and to make arrangements for an appointment to get started.