What is the difference between a suspension and a revocation?
When your license is suspended, it has been taken from you for a specified period of time and will be returned to you when the period ends and you have paid the reinstatement fee. Rather, revocation means permanent loss of both your driver’s license and the privilege to operate a motor vehicle. After the minimum revocation period (one year or five years), you can reapply for a license and try to prove that you will be a safe driver in the future.
License Appeal Hearings
Drivers who are aggrieved by a final decision by the Secretary of State may request a Driver License Appeal hearing. Administrative law examiners (hearing officers) conduct hearings throughout the state as authorized by MCL 257.322. Many hearings are conducted via video conferencing equipment in accordance with Administrative Rule 257.304. Hearings for the Detroit metropolitan area are generally held in person, at the Livonia, Michigan branch.
These Hearing Officers preside over the following:
• Appeals of denials of branch applications.
• Driver evaluation actions.
• Implied consent hearings.
• Appeals for license reinstatement after revocation for habitual offender with multiple substance abuse convictions.
• License reinstatement remedies upon revocation for being a habitual offender with a motor vehicle.
• Appeals for license reinstatement after a conviction for murder, manslaughter, or negligent homicide with a motor vehicle.
• Appeals for license reinstatement after a conviction for causing death or serious injury to another person while intoxicated or impaired by alcohol and/or drugs.
What do I need to show to get my license back?
You must provide documentation and testimony to demonstrate by “clear and convincing” evidence that your alcohol problem is under control and is likely to remain under control. Evidence that the likelihood that you will drink and drive again is low or minimal, and being able to demonstrate that you have the ability and motivation to drive safely and within the law. Must demonstrate abstinence from alcohol for at least one full year.
Remember, hearing officers have a great deal of discretion in deciding your matter. Without us, or another competent attorney, you risk saying or doing the wrong thing, increasing the length of your revocation. For this reason, seeking an attorney who practices in this area of law is particularly helpful.
How can we help you get your driver’s license back?
Having an attorney present at your driver’s restoration hearing will always increase your chances of success. However, for our attorneys, helping you get your license back is not just about being there at the hearing. The company is involved in all aspects of the appeal process, maximizing your chances of getting your driver’s license back.
key evidence
Our attorneys will help you collect and sculpt key evidence for your hearing, such as substance abuse evaluations, substance abuse treatment records, AA sign-in sheets, and sobriety letters from your family, friends, and co-workers. In addition to submitting a substance abuse assessment, we will help you obtain and select your 4-6 letters of community support used by the State to verify your abstinence from alcohol.
The same exact date of sobriety must be stated explicitly in all letters, they must be notarized, and they must include specific information about your past and present alcohol-related history. The letters must come from a representative sample of people’s lives. You should consider asking your friends, family, AA members, teachers, or co-workers to write letters for you.
Our attorneys will help you make the best decisions regarding what evidence to present and what witnesses to call. Our attorneys will help you prepare all the paperwork and filings related to your Michigan driver’s license restoration case. You must bring documentation of participation in a support group, such as AA. You need to get a sign-in sheet as well as signatures from your group members to support your DAAD hearing.
Preparation
Our attorneys will assist you and ensure that you are prepared to testify by conducting a practice hearing at our offices to review and refine your anticipated testimony. Hearing officers seek ongoing participation in AA (ie, at least twice a week) for at least one year, or at a minimum some participation in ongoing, structured substance abuse counseling. You must be familiar with the 12 steps of AA, know the AA prayer, and be familiar with the Big Book. Our attorneys will be there at the hearing and will ask you the questions necessary to establish your case, cross-examine witnesses to obtain favorable testimony, present key evidence to the hearing officer, and argue on his behalf.
Hire the attorneys dedicated to restoring company licenses. Your legal matter is important to us, we strive to provide you with the appropriate legal advice and personalized attention that you should demand and deserve.
If I win, will I get my license back?
After a License Appeal hearing, the petitioner receives a written Order in the mail. After holding a hearing and reviewing the documentation provided on your matter, the hearing officer assigned to try your case has three options. First, they can deny restitution outright. Second, they may give you a restricted license with or without an ignition interlock device. Or third, they give you a full restore. The type of license that is issued is entirely at the discretion of the hearing officer based on the evidence presented, and is all the more reason to work with an attorney in preparing your case. The order will specify the reasons why a license action was upheld, modified, or denied. We are here to help you. Payment plans are available and, as always, you are not required to purchase our services, and our advice during your consultation is free.
What happens if I lose at the hearing?
If you are the victim of an adverse determination by one of the Sect of State Hearing Officers, you have three options. First, you can wait a year until you are eligible for a new hearing. Your second option is to file a petition for a new hearing. Your third option is to appeal to the Circuit Court in the county where you reside, or in the case of an implied consent appeal, in the county of arrest.
