Michigan Driver’s License Restoration / Appeal
What is the Difference between a Suspension and a Revocation?
When your license is suspended, it has been taken away for a specific time period and will be returned to you when the period is over and when you have paid the reinstatement fee. In contrast, revocation means the permanent loss of both your driver’s license and of the privilege of operating a motor vehicle. After a year or five years which are the minimum period of revocation, you may now re-apply for a license and try to prove to them that you’d be a safe driver.
License Appeal Hearings
Drivers who are aggrieved by a final decision of the Sectary of State may request a Drivers License Appeal hearing. As authorized by MCL 257.332, Administrative Law Examiners conduct hearing all throughout the state. Many hearings are conducted via video conference equipment in accordance with Administrative Rule 257.304. The hearings for the greater metro-Detroit area are typically held in person, at the Livonia, Michigan branch.
These Hearing Officers preside over the following:
• Appeals from branch office application denials.
• Driver Assessment actions.
• Implied-consent hearings.
• Appeals for license reinstatement following a revocation for being a habitual offender with multiple substance-abuse convictions.
• Appeals for license reinstatement following a revocation for being a habitual criminal involving a motor vehicle.
• Appeals for license reinstatement following a conviction of murder, manslaughter, or negligent homicide with a motor vehicle.
• Appeals for license reinstatement following a conviction of causing the death or serious injury of another person while intoxicated or impaired by alcohol and/or drugs.
What do I need to show to get my license back?
You have to provide documents and testimony to justify by “clear and convincing” evidence that your problem regarding alcohol is under control and would remain under control. Evidence that the likelihood that you will again drink and drive is low or minimal, and be able to demonstrate that you have the ability and motivation to drive safely and within the law. You must prove abstinence from alcohol for at least one full year.
Take into account that hearing officers have a huge amount of judgment when it comes to deciding your case. Without us, or another competent attorney, you run the risk of saying or doing the wrong thing, increasing the length of your revocation.
How can Garmo & Kiste, PLC help you to get your drivers license back?
Having an attorney present at your driver’s restoration hearing will always increase your chances of success. However, for our attorneys, helping to get your license back is not just about being present at the hearing. Garmo & Kiste, PLC is part of each and every aspect of the the appeal process thus increasing your opportunity to get your driver’s license back.
Key Evidence
Our lawyers would assist you in gathering and sculpting evidence for you hearing like – substance abuse evaluations, substance abuse treatment records, AA sign-in sheets, and letters of sobriety from your family, friends, and co-workers. Then, in addition to substance abuse evaluation submission, we will be of assistance in getting and selecting 4-6 community support letters that will be used by the State in verifying your alcohol abstinence.
The same exact sobriety date must be explicitly stated in all letters, they must be notarized and must include specific information regarding your history concerning alcohol, past and present. The letters should come from a cross-section of the persons’ life. You should consider asking your friends, family members, fellow AA members, teachers, or co-workers to write letters for you.
Our lawyers will be there to help you in decision making of who are the best options in relation to which evidence should be submitted and which witness to contact. Our lawyers will help you prepare all paperwork and filings concerning your Michigan restoration of driver’s license case. You must bring documentation of participation in a support group, such as AA. You should get an attendance sheet as well as signatures from members of your groups to support your DAAD hearing.
Preparation
To be able to review and correct your awaited testimony, our lawyers will be there making sure that you are prepared to testify through a dry-run of the hearing in our offices. Hearing officers look for consistent involvement in AA (i.e. at least twice a week) for at least one year, or at a very minimum some involvement in a structured and consistent substance abuse counseling. AA has 12 steps thus you must be aware of it and know the AA prayer and get to know the Big Book. Our lawyers will be there at the hearing, and will ask you the questions necessary to establish your case, question witnesses to elicit favorable testimony, submit key evidence to the hearing officer, and argue on your behalf.
Garmo & Kiste, PLC has attorneys dedicated on license restoration thus you should hire them. Your legal matter is important to us, we strive to give you the proper legal advice and personal attention you should demand and deserve.
If I win, will I get my license back?
Following a License Appeal hearing, a petitioner receives a written Order by mail. After conducting a hearing and reviewing the documentation provided concerning your matter, the hearing officer assigned to judge your case has three options. First, they can deny reinstatement outright. Second, they may grant you a restricted license with or without an ignition interlock device. Or the last one, full restoration provision. The type of licensed being issued is totally dependent on the hearing officer’s discretion depending on the presented evidence and is the main reason why work with an attorney. The order will specify the reasons(s) why a licensing action was upheld, amended, or denied. We are here to help you. Plans regarding payments are available and as always you are not obliged to keep our services and advices during consultation is always free.
What Happens if I Lose at the Hearing?
In case you became a victim of an unfavorable determination by one of the State’s Secretary Hearing Officer you have 3 options. First, you may wait a year until you are next eligible for a new hearing. Your second option is to file a petition for a rehearing. To appeal to the Circuit Court in the country where you are currently residing or if ever an Implied-consent appeal case, in the country of arrest. There are advantages and disadvantages to each of these options, for more information about Driver License Restoration and to retain Garmo & Kiste, PLC – call us at (248) 398-7100 for a free consultation.
