If you cannot function in your life without your driver’s license, you may be eligible for a driver’s license from a Circuit Court. Only an experienced attorney will know how to give you the best chance of winning your hardship appeal and getting your driving privileges restored.
What is a hardship license from Circuit Court?
If you’ve been pulled over by an officer due to an alleged drinking and driving event and you refused to submit to an officer’s requested breathalyzer test at the police station, you most likely ended up with a one-year suspension and 6 points on your license. If your license is suspended because of an implied consent violation, the only way you will be able to drive legally is on a hardship license from circuit court. A hardship license lets you legally drive for work and school and other limited purposes.
Implied Consent Suspension – Refusal to Take Breath Test
Here is why your license was suspended. If you’ve requested and received a driver’s license, you have basically told the State of Michigan that you consent to obeying a police officer when they ask you for a chemical breath, blood, or urine sample. Of course, this doesn’t mean that a sample can be requested for disobeying a traffic stop. The request must be reasonable and in connection with a type of driving offense where you are suspected to be driving impaired due to alcohol consumption. If you refuse, for whatever reason, your license will be suspended because you violated the implied consent law in the State of Michigan.
Complicated and Rigid Process
You have only 14 days to request an Implied Consent Hearing with the Michigan Assessment and Appeal Division (DAAD). Don’t think for one minute that a quick hearing will restore your license and get you back on the road. It doesn’t even come close to working that way. The hearing is complicated and the police officer has every advantage at the Secretary of State hearing.
Although you can go from suspended license right to Circuit Court on an appeal, it may not be in your best interest to skip the Implied Consent Hearing with the DAAD. If your DAAD appeal is unsuccessful, then your last resort is a hardship appeal. The appeal is generally for a first offense and it is not something that can be done multiple times. If you lose, you are done which is why you should seek the assistance of a very experienced attorney.
If you failed to request an Implied Consent Hearing in time or you lose the hearing, your only chance for getting your driver’s license restored right away is with a hardship appeal to circuit court.
Hardship Appeal to Circuit Court Process
A first implied consent suspension is one of the categories of suspensions that may be appealed to Circuit Court for a hardship license. The appeal must be filed in the county where the arrest and refusal occurred. Further, there are forms to be completed, parties to be notified, and a filing fee to be paid, just to name a few of the requirements. There are time guidelines that must be followed and there is no leniency regarding this. Additional steps must be taken and an experienced lawyer will know what must be done to win.
The Hearing in Circuit Court
Before the hearing, all of the paperwork must be in order. Items for the judge to review may include a substance abuse evaluation, proof of therapy or support group participation, letters from witnesses, and so much more. Once there is the opportunity to go before the judge, a fervent advocate for you is crucial. Your practiced and skilled attorney must convince the judge that driving without a license is a true hardship for you and you have no other reasonable alternatives. A persuasive attorney will ask the judge to contemplate your inability to go to work to provide for family or difficulty with going to school. Everyone’s situation is different. The State of Michigan is not known for public transit and most earners and students must have vehicles. A good criminal defense attorney will fight for you and make sure your circumstances are heard.
Attorneys for a Hardship Appeal to Circuit Court
A hardship appeal to the Circuit Court is not a simple process and most appeals handled without experienced lawyers are not successful. The legal team at LEWIS & DICKSTEIN, P.L.L.C. knows how to navigate the court system effectively and have won countless hardship appeals. Call us today at (248) 263-6800 for a Free Consultation or complete a Request for Assistance Form and we will promptly contact you.