newtaxblog.com

What is the Difference between a Suspension and a Revocation?

If your license is suspended, it will be taken away for a specific time span but will be returned when you have already paid the fee and the period is over. In contrast, revocation means the permanent loss of both your driver's license and of the privilege of operating a motor vehicle. After a year or five years which are the minimum period of revocation, you may now re-apply for a license and try to prove to them that you'd be a safe driver.

License Appeal Hearings

For drivers whom received the unjust decision of the Secretary of State could petition for a Drivers License Appeal hearing. Administrative Law Examiners (Hearing Officers) conduct hearings throughout the state as authorized by MCL 257.322. In accordance with the Administrative Rule 257.304, a number of hearings are conveyed through video conference equipment. The hearings for the greater metro-Detroit area are typically held in person, at the Livonia, Michigan branch.

These Hearing Officers preside over the following:

• Appeals from branch office application denials.

• Driver Assessment actions.

• Implied-consent hearings.

• Appeals for license reinstatement following a revocation for being a habitual offender with multiple substance-abuse convictions.

• Appeals for license reinstatement following a revocation for being a habitual criminal involving a motor vehicle.

• Appeals for license reinstatement following a conviction of murder, manslaughter, or negligent homicide with a motor vehicle.

• Appeals for license reinstatement following a conviction of causing the death or serious injury of another person while intoxicated or impaired by alcohol and/or drugs.

What do I need to show to get my license back?

You have to provide documents and testimony to justify by "clear and convincing" evidence that your problem regarding alcohol is under control and would remain under control. Justification that drinking and driving again will be minimal or low and you'd be able to show that you've got the potential and motivation to drive cautiously and in accordance with the law. You must prove abstinence from alcohol for at least one full year.

Take into account that hearing officers have a huge amount of judgment when it comes to deciding your case. Without us, or another competent attorney, you run the risk of saying or doing the wrong thing, increasing the length of your revocation.

How can Garmo & Kiste, PLC help you to get your drivers license back?

When you have an attorney during your license restoration your chances of success would be higher. Unfortunately, just our attorney's presence during the hearing isn't an assurance of getting your license back. Garmo & Kiste, PLC is involved in every aspect of the appeal process, maximizing your chances of having your driver's license returned.

Key Evidence

Our lawyers would assist you in gathering and sculpting evidence for you hearing like – substance abuse evaluations, substance abuse treatment records, AA sign-in sheets, and letters of sobriety from your family, friends, and co-workers. Then, in addition to substance abuse evaluation submission, we will be of assistance in getting and selecting 4-6 community support letters that will be used by the State in verifying your alcohol abstinence.

The same exact sobriety date must be explicitly stated in all letters, they must be notarized and must include specific information regarding your history concerning alcohol, past and present.  The letters should come from a cross-section of the persons' life. You must consider asking your family members, friends, fellow AA members, co-worker and even your teachers to write letters .

Our lawyers will help you make the best choices concerning which evidence to submit and which witnesses to call. Our lawyers will help in preparing all filings and paperwork in relation with your Michigan driver's license restoration. It would also be good if you bring with you documentation of participation in a support group like AA for example. You should get an attendance sheet as well as signatures from members of your groups to support your DAAD hearing.

Preparation

Our lawyers will help you make sure you are prepared to testify by conducting a practice run of the hearing in our offices, in order to review and polish your anticipated testimony.  Hearing officers look for consistent involvement in AA (i.e. at least twice a week) for at least one year, or at a very minimum some involvement in a structured and consistent 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 lawyers will be there at the hearing, and will ask you the questions necessary to establish your case, question witnesses to elicit favorable testimony, submit key evidence to the hearing officer, and argue on your behalf.

Garmo & Kiste, PLC has attorneys dedicated on license restoration thus you should hire them. Your legal matter is important to us, we strive to give you the proper legal advice and personal attention you should demand and deserve.

If I win, will I get my license back?

Following a License Appeal hearing, a petitioner receives a written Order by mail. After conducting a hearing and reviewing the documentation provided concerning your matter, the hearing officer assigned to judge your case has three options. First and foremost, they can deny you of reinstatement outright. Second, they may grant you a restricted license with or without an ignition interlock device. Or the last one, full restoration provision. The type of licensed being issued is totally dependent on the hearing officer's discretion depending on the presented evidence and is the main reason why work with an attorney. The released order will point out the reason(s) why licensing action was amended, sustained or denied. We are here to help you. Payment plans are available, and as always you are under no obligation to retain our services, and our advice during the consultation is free.

What Happens if I Lose at the Hearing?

In case you became a victim of an unfavorable determination by one of the State's Secretary Hearing Officer you have 3 options. First, you may wait a year until you are next eligible for a new hearing. Your second option is to file a petition for a rehearing. 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. There are advantages and disadvantages to each of these options, for more information about Driver License Restoration and to retain Garmo & Kiste, PLC – call us at (248) 398-7100 for a free consultation.

 

Tags: Administrative Rule, Clear And Convincing Evidence, Denials, Driver Assessment, driver license restoration, drivers license appeal, drivers license restoration, Habitual Criminal, Habitual Offender, Hearing Officers, license appeal, license reinstatement, license restoration, Livonia Michigan, Metro Detroit Area, Michigan Branch, Minimum Period, Negligent Homicide, Office Application, Restoration Appeal, Revocation, Time Span, Unjust Decision, Video Conference Equipment