Michigan Driver License Appeals for Out-of-State Residents
Your driving privileges can be restored if you have a suspended driver’s license and live in another state. You must properly request an administrative review and present a compelling restoration argument.
It is possible to win an out-of-state driver’s license restoration.
If you have had your license revoked or denied and are no longer a Michigan resident, there are two options for attempting to get your license restored. You may request an administrative review by the Secretary of State done only on written documentation. Alternatively, you may return to Michigan for a Driver’s License Appeal hearing. Michigan driver’s license appeals for out-of-state residents are complex, and most are denied. That being said, there is no reason to lose and every reason to win! If your case is done right, there is thorough preparation, and a very persuasive presentation, the odds of winning increase dramatically.
There is a little-known benefit to applying for license restoration if you are not a resident of Michigan. Under the Administrative Rules, an out-of-state individual can request an administrative hearing unavailable to in-state residents. If the administrative hearing is unsuccessful, they can request a Driver’s License Restoration Hearing with the Michigan Department of State.
How to Apply for License Restoration if You Do Not Live in Michigan
For a Michigan Driver’s License Appeal for Out of State Residents, you must submit the following:
- a recent and credible substance abuse evaluation,
- a persuasively drafted out-of-state affidavit, and
- compelling notarized letters attesting to your sobriety.
If the initial submission is incomplete, the petitioner will be notified and given 30 days to submit the requested information. The case will be closed if the petitioner doesn’t provide the requested information within that time. The standard of proof for an out-of-state petition is high. Most people without attorneys specializing in driver’s license restoration cases are unsuccessful. When an attorney with extensive experience and a track record of success handles a restoration petition, the odds of a favorable resolution are excellent.
When the case file is complete, the petitioner must pay a reinstatement fee if the review results in the granting of clearance. They can apply for a license in their home state after they’ve paid the fee. If the review results in a denial, the person can appeal to the Driver’s Appeal and Assessment Division (DAAD), formerly known as the Driver License Appeal Division (DLAD), for a hearing held in Michigan.
Having an attorney who routinely wins license appeals for out-of-state residents is your best chance for success!
It is essential to get back on the road legally. Being unable to drive legally can affect your work and family. If a police officer stops you without a valid driver’s license – not only is that a criminal offense, it will be much harder to get a valid license.
There are many rules, regulations, and finer points that an experienced license appeal attorney will know that a general practice lawyer or an individual might not. To increase your chances of success the first time – it is best to have the help of an attorney who knows and understands the system and will present the best case on your behalf.
The cost of hiring a less qualified, budget lawyer is MUCH higher than the price of doing things right the first time. If you attempt to represent yourself or work with a lawyer who does not have an established track record of success with the DLAD, you will probably lose. Worse yet, you cannot re-apply for at least a year. Furthermore, when you hire a qualified, experienced lawyer to get your license back after you’ve already tried and lost, he will be stuck dealing with the previous record of inadequate or harmful testimony and evidence. Your best chance of success at the first hearing is to work with a lawyer from LEWIS & DICKSTEIN, P.L.L.C., who will have decades of experience winning DLAD out-of-state administrative and in-state DLAD hearings in Michigan.
Letters of Community Support for License Appeals for Out-of-State Residents
Along with the other required documents, anyone seeking license restoration must submit letters from family, friends, associates, and community members attesting to their abstinence from alcohol and/or controlled substances. Anyone who occasionally consumes alcohol or drugs has little hope of getting an order restoring their driving privileges. It is best to seek the guidance of a qualified, experienced lawyer when obtaining and submitting letters because there are readily avoidable pitfalls that can sabotage your chances of getting a driver’s license. Also, there are things your friends and family can write that maximize your odds of successful license restoration. Generally, there must be a minimum of three (3) letters that minimally have the following:
- Consistency. The letters must provide consistent, uniform information. Conflicting dates, for example, impair the witness’s credibility.
- Credibility. The letter’s author must include their full name, address, email, and phone number. Letters without contact information lack credibility.
- Authenticity. The letters should be well-written, typed (if possible), and unique. If someone submits several letters that look too similar, a hearing officer might believe the same person wrote them. The letters must appear authentic to be persuasive.
- Reliability. The letters must be written by people who know the appellant well and are in a position to attest to their long-term sobriety (person requesting restoration).
- Materiality and Relevancy. The information in the letters must get to the point and be germane to the sole issue under determination: is the person’s alcohol or substance abuse issue under control and likely to remain under control such that they are not a danger to themselves or others?
Driver’s license restoration attorneys with extensive experience helping people get back on the road legally.
The Driver’s License Appeal specialists at LEWIS & DICKSTEIN, P.L.L.C. understand the importance of driving legally. Public transportation is in limited supply in most states, and the privilege of driving can positively impact your family, employment, and education. Our attorneys have extensive experience handling and winning driver’s license issues at the administrative review phase (for out-of-state residents) and the DAAD/DLAD hearing phase. Remember, if your Michigan attorney successfully gets your license restored with an administrative review, you will not have to travel to Michigan for a DAAD or court hearing. Our goal is to win the first time and leave no stone unturned in our fight to reinstate your driver’s license.
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!
