The Process of Driver License Restoration in Michigan is Complicated
You should have expert legal help when dealing with the Secretary of State because there are deadlines and requirements that the average person would not know without the assistance of a specialist.
The process to restore a revoked or suspended Michigan drivers license varies depending on the reason for the license suspension or revocation, but usually involves a hearing before the Driver License Appeal Division (DLAD) or a motion in a County Circuit Court.
In the case of a 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 in two categories: (1) that any substance abuse problem is under control and likely to remain under control and (2) that you are unlikely to drink and then drive in the future. Again, the burden of proof is on you. The only way to turn the odds in your favor is to have a fearless, intelligent and effective criminal defense lawyer at your side.
Supplying the hearing officer or the court “clear and convincing” proof involves letters of community support, testimony and other evidence verifying a minimum time of abstinence from drugs or alcohol, a drug screen, a substance abuse evaluation and your own sworn testimony.
Expert Legal Help Increases Your Chance of Success at the DLAD or in Circuit Court.
LEWIS & DICKSTEIN, P.L.L.C. provides expert drivers license restoration services throughout Michigan. The most common errors we see in those who lose driver’s license appeal hearings are inadequate substance abuse evaluations and inadequate letters of support. The fact is that unless you have extensive experience dealing with the DLAD or the Circuit Courts, it is virtually impossible to draft the letters of community support in a fashion that will address all of the important topics, leave out the extraneous information that irritates the hearing officer and hits the required points to show clear and convincing evidence. The substance abuse evaluation and its wording is critical. While many lawyers just have their client pick anyone, only the best driver license restoration lawyers will know who the best evaluators are, how to assist them in developing the most persuasive wording for their reports, and how to assist the client with providing information that may be helpful to the evaluator.
Having an experienced driver’s license restoration attorney guiding you through the process and defending your interests is vital. In Michigan, driver’s license revocations are life-long by default. This means that if you take no action, your license is going to be revoked forever. It is only through the appeal process that you can restore your license. If your Michigan driver’s license has been suspended or revoked as a result of accumulation of points or through criminal charges, including drunk driving (DUI, OWI or OWIN), we can help. Call LEWIS & DICKSTEIN, P.L.L.C. at (248) 263-6800 today to get experienced, personal representation to recover your driving privileges.
Other Driver’s License Information
Under 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 financial penalties and points against your license, so they must be taken seriously. Moreover, multiple infractions can result in the accumulation of points against your license, which can have dramatic effects. Criminal traffic offenses often have serious consequences beyond the criminal penalties of jail and/or prison. Upon conviction of a criminal offense, including drunk driving offenses, the Secretary of State may take action against your driver’s license, resulting in the assessment of points, driver’s license sanctions or revocation. The process of driver’s license restoration would then be required to acquire the right to drive again. Even without a conviction, the Secretary of State’s Driver Assessment Division has authority to re-examine 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. Moreover, driver license sanctions requiring the need for restoration may result from criminal convictions that have nothing to do with the operation of a motor vehicle. For example, convictions for certain drug offenses (like possession of marijuana or cocaine), possession of alcohol by minors in some instances, and forging certain Secretary of State documents all may result in license sanctions.
Michigan drivers aggrieved by a final decision of the Driver License Appeal Division (DLAD) may appeal to a Circuit Court to achieve driver’s license restoration. The services of LEWIS & DICKSTEIN, P.L.L.C. may be needed. Appeals are typically from branch office application denials, DLAD denials, driver assessment determinations, and implied-consent hearings. A Circuit Court judge has the power to reverse the decision of the Driver’s License Appeal Division and grant full restoration or grant restricted driving privileges under certain circumstances.
Michigan driver’s license restoration attorneys that can help you get your license back.
The driver license restoration attorneys with LEWIS & DICKSTEIN, P.L.L.C. have significant experience handling driver’s license restoration in Michigan. We have handled criminal cases with licensing implications and represented clients in licensing actions before the Michigan Secretary of State, including driver assessment and DLAD hearings. We are well suited to provide you with the valuable advice you need for drivers license restoration and to minimize the impact of sanctions on your ability to drive and to regain your driving privileges. If you’ve had your Michigan drivers license revoked due to accumulation of too many points, because you were involved in an accident, or from habitual convictions for DUI or OWI, then you should to talk to the attorneys at LEWIS & DICKSTEIN, P.L.L.C. immediately about protecting your driving privileges and getting your drivers license reinstated. Don’t fall victim to the system — have experienced attorneys with expertise in driver’s license restoration law there to represent you and protect your driver’s license at driver assessments, DLAD hearings, and before the Michigan Secretary of State.
Driver’s license restoration representation is provided for these Michigan counties:
- Oakland, MI
- Macomb County
- Washtenaw, MI
- Clair County, MI
- Wayne County, MI
- Livingston County, MI
- Genesee County, MI
- Eaton County, MI
If you would like a driver license restoration lawyer to contact you, please fill out a Request for Assistance Form or call LEWIS & DICKSTEIN, P.L.L.C. at (248) 263-6800.