Michigan Driver License Restoration Attorney
Driver License Restoration Attorney
Sometimes we forget that driving is considered a
privilege, not a right.
Unfortunately, the hearing officers working for
the Driver License Appeal Division of the state of
Michigan understand all too well that driving is a
privilege, and they are extremely cautious when
determining whether your privileges should be
restored, especially when a revocation has occurred
for alcohol related convictions.
The law requires the Secretary of State to
automatically suspend or revoke your drivers license
for certain violations and multiple convictions within a given framework of years.
The action taken against your drivers license
depends on a number of factors, including the type
of violation or unsafe driving habits involved, your
driving record, and your willingness to comply with
assessment recommendations and requirements.
Licensing actions range from
revocations to
restrictions and suspensions. This is an overview: If you have two OWI, Impaired driving, or reckless driving convictions, of any of these varieties, in a seven year time period (from the date of the first conviction to the date of conviction of the last.. not dates of arrest), or three within ten years your license will be revoked for at least, depending on your earlier record, for one to five years. Any driving on a suspended or revoked license offenses which occur subsequently to the revocation will likely lengthen your opportunity to get a hearing date and will likely lessen your chances of success with the hearing officer discretion.
If you lose at a hearing before a Secretary of State Hearing Officer it will be another year before you can try again. If you lose you can appeal to the Circuit Court but only on the grounds of the decision being arbitrary, capricious or an abuse of discretion. It is a difficult appeal because former Gov. Engler removed much of the Circuit Court ability to intercede based on hardship appeals, and further other challenges, except the three listed above, are no longer available because of new statutory language. It has been said that Michigan's criminal penalties for drunk driving are among the most lenient, but the civil factor of license restoration is second to none in difficulty when it comes to getting it back. Michigan's statutory language states that two offenses within a seven year period is habitual! The petitioner must overcome the presumption that he or she is not a habitual drunk driver in order to prevail. Prevailing means, except in cases involving out of state petitioners who lost their licence in Michigan, that if you "win" at the hearing you will still have at least one more year of having an interlock system that you have to blow into installed on only one vehicle that you are allowed to drive under other restrictions. Following this the individual must re-apply again, which involves again getting a prognostic assessment, an eight panel drug blood screen, a new petition/application for review, and new letters of support (all signed, dated, full name printed or typed, address, and phone number ..or it's rejected!).
It generally takes about three to five months.. depending on the present State unpaid non-essential employees announcements which have been occurring due to budget demands. The cost factor is a flat fee of $1,750. with no costs as there is yet not filing fee required. If this is a Circuit Court appeal on points, or suspension due for any other reason, the filing fee is $150. plus a flat legal fee of $1,250. and a disbursement fee of $72. for travel. Secretary of State restorations are usually held in Lansing and require no disbursement fee or filing fee as said. We have handles over seventeen hundred restoration cases and have prevailed the first time on all but seven occasions. We have done this type of work for over thirty two years. It is one of only two civil law advocacy proceedings that we involve ourselves with besides our business organization division.
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NOTE: In January 2010, by Administrative Order, the Driver Assessment & Appeal Division is now beginning a "Video Hearing" process at the restoration hearing. This means that an "Evidence Affidavit" must be completed and returned within 14 days prior to requesting a hearing date and all evidence, including an ignition interlock final report, if applicable, must be included. If this is not received the case (now they are assigning case numbers) will be closed! The Hearing Officer at the hearing will not be present but will appear on a television monitor. After the Evidence Affidavit is received by the Department of State a hearing date will be assigned within 4 weeks and notice will be sent out about the date and time, usually within 10 days before the hearing. Witnesses may still appear but you are responsible for interpreters and he or she must be qualified by the State and can not be a family member or friend.
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Please see the following charts summarizing
sections of the Motor Vehicle Code which requires
licensing actions by the Department of State:
Chart 1
Chart 2
Traffic Conviction Points:
The below is just a sampling of common offenses and the points associated with them. For a complete list, refer to them Michigan Vehicle Code.
- Manslaughter, negligent homicide, or other felony involving use of a motor vehicle.
- Operating under the influence of liquor or drugs.
- Failing to stop and give identification at the scene of a crash.
- Unlawful blood alcohol concentration (BAC) of 0.08% or more.
- Refusal to take a chemical test.
- Fleeing or eluding a police officer.
THERE ARE NO FIVE POINT TICKETS
- Operating while visibly impaired.
- Under age 21 with any measurable blood alcohol content.
- 16 mph or more over the legal speed limit.
- Failure to yield or show due caution for emergency vehicles.
- Disobeying a traffic signal or stop sign or improper passing.
- 11-15 mph over the legal speed limit.
- Failure to stop at railroad crossing.
- Failure to stop for a school bus, or disobeying a school crossing guard.
- 10 mph or less over the legal speed limit.
- Open alcohol container in vehicle.
- All other moving violations of traffic laws.
- One point
- Energy speed on interstate highways and certain other specified main roads.
Zero Point tickets
- Impeding traffic
- False Start
Experienced Michigan restoration lawyers will let
you know of all opportunities and what they can do
for you when it comes to recovering your drivers'
license.
- Call The Williams Law Firm Today 517-337-8100.
Our results
speak for themselves. With a
record of success
and a practice philosophy that puts respect and
compassion at the core of our personalized defense
strategies, The Williams Law Firm will be an effective, cost effective and personable avenue of representation for you.
We believe that everyone deserves access to
aggressive and affordable advocacy.
Call us today to schedule a consultation.
Learn more about our
flexible fees and payment plans. |
