Circuit Court Restoration of Driving Privileges
Attorneys Dedicated to the Successful Representation of Clients Seeking Restoration of Driving Privileges Through an Appeal to Circuit Court.
If your appeal at the DAAD is denied, you can appeal to Circuit Court.
Before August 15, 2016, a person who lost an appeal for restoration with the DAAD (Michigan Driver’s Appeal and Assessment Division, formerly the Driver’s License Appeal Division (DLAD)) could only appeal to Circuit Court and argue that the hearing officer abused their discretion or that the law did not support the decision. Many people who attempt to appeal independently or with an inexperienced lawyer lose in court. The best chance of success with circuit court restoration of driving privileges is an experienced, effective lawyer.
If you lose the appeal at the DLAD and the evidence you present is weak, there is little hope of reversing the DLAD denial on appeal to the Circuit Court. A reversal of the denial is unlikely under these circumstances because the record at the DLAD hearing was not sufficient to win, and the standard on appeal is an “abuse of discretion.” Abuse of discretion is a very high standard. In other words, an appeal was limited to the evidence admitted at the DAAD hearing, and the appellant could not introduce any evidence in court. Because the appellant could not improve their position with new evidence in the circuit court, the judge was often helpless to order the driver’s license’s reinstatement. A recent amendment to the law changes this process and makes the chances of winning Circuit Court restoration of driving privileges much higher.
Under the August 2016 amendment, a person seeking reinstatement of their driver’s license can now admit new evidence in the circuit court. The judge must agree to allow for the introduction of the new evidence. The new evidence can be either testimony or physical evidence like letters, expert opinions, documents, and substance abuse evaluations. Having an experienced and respected lawyer is essential because they must know what evidence to introduce and persuade the judge to grant driving privileges. An inferior attorney gives the appellant a significant handicap when providing persuasive and compelling evidence to the judge.
A driver’s license appeal attorney must know what evidence is most compelling and how to introduce the evidence in a hearing.
Simply admitting more evidence is not enough for a win. Winning is generally not about how much evidence the petitioner can provide; it is more about the evidence’s quality and persuasiveness. A driver’s license appeal attorney must convince a judge by a “clear and convincing evidence” that the person can adhere to the rules of the road, that any alcohol or drug problem is under control and likely to stay under control, and that they are not a danger to themselves or others before they will reverse the DAAD denial. Because petitioners in these cases generally have two or more alcohol-related driving convictions, there is a starting presumption that they are a danger. Presenting the best possible evidence is essential because a Circuit Court judge can be reluctant to grant restoration of driving privileges in Michigan.
Why not try a DAAD appeal without a lawyer or a budget lawyer?
Under the new law, clients frequently ask whether they should try a DAAD hearing on their own or with a discount lawyer first and then, if they lose, spend the money to hire a good lawyer for the appeal. Going it alone or with an inferior lawyer would be a dire mistake. New evidence admitted on appeal does not make the old, inadequate evidence disappear. You can admit new evidence, but you cannot make the previously admitted evidence disappear.
The Driver’s License Restoration Team with LEWIS & DICKSTEIN, P.L.L.C. sees that even experienced lawyers inadvertently admit evidence that is harmful to the client’s case; for example, letters that do not use the correct language or a substance abuse evaluation that uses unpersuasive terms to describe a diagnosis or prognosis. Frequently, this evidence is so inadequate that it is difficult to overcome, even with new evidence. There is no substitute for good, experienced lawyers who have a track record of winning.
Frequently Asked Questions
How do I reinstate my suspended license in Michigan?
If your license is suspended, you must look to the Secretary of State’s Order of Action to determine when the suspension concludes. If a fine or reinstatement fee is due, it must be paid before the suspension is lifted. If your license is revoked, you must file an appeal for license restoration with a Circuit Court or the Department of State.
How do I apply for a hardship license in Michigan?
If you are eligible for a hardship license in Michigan, you must file a petition in the circuit court with jurisdiction over the suspension. For example, if someone’s driver’s license is lost because of a first implied consent suspension (refusing a breath or blood test), the hardship petition must be filed in the county where the driver was arrested for drunken driving (OWI, OWVI, OWPD, etc.). For a successful petition, you must do various things to prepare for the hearing and provide the court with specific, credible evidence.
How do I appeal a suspended license in Michigan?
Suppose your license is suspended in violation of Michigan law. In that case, you can file a lawsuit in a Circuit Court for an order directing the Michigan Department of State to reinstate your driver’s license.
Does Michigan offer a hardship license?
Yes, Michigan offers a hardship license, but only under limited circumstances. It is best to consult with a driver’s license restoration lawyer to determine your options. The most common hardship licenses are those granted to petitioners who face license suspension due to a first implied consent violation.
How do I get my revoked license back in Michigan?
If your license was revoked due to two OWI convictions within 7 years or three convictions within 10 years, you must appeal for license restoration through the Michigan Department of State. These appeals are complex and often denied. If you appeal and lose, you cannot appeal again for one year, and you will be required to overcome any unfavorable evidence previously admitted. If you seek restoration of your driving privileges, it is vital that you only proceed with an experienced, skilled license restoration lawyer.
Winning Driver’s License Restoration Attorneys
The goal of handling a driver’s license restoration case is to win and win early. While most people lose when they represent themselves or have ineffective lawyers, our attorneys have developed a proven system and win consistently. We will work with you to ensure that your evidence is in order, compelling, and admissible before submission to the Michigan Department of State. We will help you prepare to testify effectively on your behalf. If you’ve lost at the DLAD, we can accurately identify the weaknesses in your evidence and make sure that you are in the best possible position to win an appeal in Circuit Court! For Circuit Court restoration of driving privileges, our team is your best hope of winning.
If you are interested in restoring your driving privileges at the DAAD, DLAD, or Circuit Court, call LEWIS & DICKSTEIN, P.L.L.C. for a free consultation. We will take the time to listen to you, answer all of your questions, address your concerns, and find a strategy to help you.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
