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Drivers License Reinstatement hearings and appeals

Dec 07 2015

Restoring Your License

The process to restore a revoked or suspended Michigan driver's license varies depending on the reason for the license suspension or revocation, but usually involves a hearing before the Driver's License Appeal Division (DLAD).

In a case involving driver's license revocation due to drunk driving charges, the process starts heavily weighted against you. Unlike a criminal trial, where you are presumed innocent until proven guilty, when you appeal to restore license privileges the State of Michigan will review your case from a presumption that they will not be restoring your license. You must then provide proof in the form of Clear and Convincing Evidence (CCE) in two categories:

1) That any substance abuse problem has been remedied, and

2) That you are unlikely to drink and drive in the future. Again, the burden of proof is on you. Supplying your CCE involves letters of testimony, a minimum time of abstinence from drugs or alcohol, a drug screen, a substance abuse evaluation, and your own sworn testimony.

All this information must be carefully coordinated and presented to the Hearing Officer in a consistent and persuasive manner. Far too often we have clients that have gone through the process alone or with an inexperienced attorney. In these cases, we inevitably have to explain some of the prior documents that have already been filed because there was some flaw that killed their chances initially and are hurting their chances the second time. If you are going into a hearing to get your license back, go with an experienced attorney to guide you the first time.

In Michigan, driver's license revocations are life-long by default - only through the appeal process can your license be restored. Having an experienced attorney advising you through the process to defend your interests is vital.

Driver's License Sanctions Under southwest Michigan law, traffic violations fall into two general categories—civil infractions and criminal offenses. The crimes specified in the motor vehicle code include misdemeanors and felonies.

Driver's license sanctions are included in these crimes. Civil infractions can result in both financial penalties and points against your license, so they must be taken seriously. Upon conviction for a criminal offense, the Secretary of State may take action against your driver's license, resulting in the assessment of points, sanctions, or revocation.

Some driver's license sanctions may result from criminal convictions having nothing to do with the operation of a motor vehicle, including convictions for certain drug offenses, possession of alcohol by a minor (in some instances), and forging certain Secretary of State documents.

The process of driver's license restoration is then necessary to regain the right to drive. Furthermore, even without a conviction, the Secretary of State's Driver Assessment Division has the authority to reexamine a driver when, for example, a driver has accumulated too many points or is involved in certain types of accidents.

Such hearings include an on-the-road performance test and may result in a restriction, suspension, or revocation of driving privileges. Driver’s License Restoration in Michigan Michigan drivers aggrieved by the final decision of the Secretary of State may request a hearing before the DLAD to achieve driver's license restoration.

Appeals typically originate from branch office application denials, driver assessment determinations, and implied-consent hearings. They include appeals following revocation for various circumstances. Experienced Help for Michigan Driver's License Restoration

At Bazzi Law, we have significant experience handling Michigan driver's license restoration. We have represented clients in criminal cases, driver assessments, and DLAD hearings. We are well-suited to provide you with the valuable advice you need and to minimize the impact of sanctions on your ability to regain your driving privileges. if you've had your Michigan driver's license revoked due to accumulation of points, involvement in an accident, or conviction for a criminal offense,

Contact Bazzi Law now about protecting your driving privileges and getting your license reinstated.

Read 2595 times Last modified on Monday, 07 December 2015 16:59
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