When you lose your driver’s license, you lose a big part of your freedom. With a license revocation, you are stripped of the ability to do things that we often take for granted such as driving to and from work, medical appointments, family events, and school functions. Every facet of your life such as where you work and live, now has to revolve around you not being able to drive. The burden shifts to the loved ones in your life who have now become your chauffeurs. What you need is an experienced Michigan driver’s license restoration and appeals attorney for who can help win back your driving privileges on the first try. We can help make that happen.
Our firm represents people who have lost their driving privileges as a result of multiple drunk driving offenses. We represent people who our trying for the first time to get their license restored as well as those who have tried and failed, sometimes repeatedly. Those cases become more difficult because now we not only have to prepare your case, but we have to perform an autopsy on the previous hearings to determine what went wrong so we can undo the damage that was done by a novice attorney or by someone representing themselves. The amount of time, energy, and skill that it takes to complete all the paperwork and prepared for the hearing can be quite overwhelming for most people. That is where being represented by a Michigan driver’s license appeals attorney helps. If you are not eligible for a restoration, we may be able to get you a hardship license through the circuit court.
Request a Hearing
After determining eligibility, you must begin the process by requesting a hearing before the Driver’s Appeal and Assessment Division (DAAD) by submitting a petition along with a substance abuse evaluation and letters of community support. The information contained in these documents must be accurate and very specific. One little error or inconsistency could prove fatal in achieving restoration. Therefore, great care must be given to make sure they are completed fully and accurately.
Substance Abuse Evaluation and 10 Panel Drug Screen
As many petitioners have found out the hard way, not just any substance abuse evaluation will do. The DAAD is very particular with the type of testing, information, and variables that must be included. The drug screen must be a 10-panel one as the DAAD has specific criteria they are looking for. Sometimes it is necessary for the evaluations to be redone, even multiple times, until it is error free and properly drafted. This is the time of knowledge and experience you are looking for in your driver’s license appeals attorney.
Letters of Community Support
The DAAD requires that you submit three to six notarized letters from people who can attest to your past drinking and drug habits and current sobriety. I cannot stress enough how critical and vitally important these letters are. One wrong thing and you will automatically get denied. So many petitioners have been denied because of one or more letters. I’m sure many clients have been pushed near their breaking point by the number of times I have had their letters re-done and changed, but the end result is worth it. I work very hard with clients by meticulously going over what the DAAD looks for in the letters and provide them with samples as a format to go by.
Burden of Proof
Unlike in a criminal case where you are presumed innocent and it is up to the prosecutor to prove your guilt, driver’s license appeals cases are the opposite. The burden is on you to present “clear and convincing evidence” (higher than a preponderance of the evidence but less than beyond all reasonable doubt) to the hearing officer that your drinking and drug use is under control, it is likely to stay under control, and you have no other impairments that would prevent you from safely driving. All the evidence you present must re-enforce that to the hearing officer or else you will be denied.
This is the final and very important step in the process to getting you back on the road. We make sure you are prepared with evidence, exhibits, and your testimony. Usually only the petitioner testifies but occasionally other witnesses are presented. The hearing officer will quiz you extensively about your past convictions, drinking and drug habits, abstinence, support group or 12-step participation, how you have been getting around without a driver’s license, any health problems that could effect your driving. The list of topics is quite extensive. Your mind can be at ease knowing an experienced driver’s license restoration attorney is handling your case helping your every step of the way. Remember, you are only entitled to one appeal a year so it is important you succeed the first time.
If you have lost your driver’s license as a result of multiple OWI convictions, contact your Michigan Driver’s License Restoration and Appeals Lawyer today to determine your eligibility and how you can start the process to getting back on the road. Call Austin Legal Services, PLC at (517) 614-1983.