Driver’s License Restoration.
What is the Difference between a Suspension and a Revocation?
When your license is suspended, it has been taken away for a specific time period and will be returned to you when the period is over and when you have paid the reinstatement fee. In contrast, revocation means the permanent loss of both your driver’s license and of the privilege of operating a motor vehicle. After the minimum period of revocation, (one year or five years) you may re-apply for a license and try to prove that you will be a safe driver in the future.
If your driver’s license has been suspended or revoked, we can help you evaluate your options for regaining your driving privileges. Call Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message.
License Appeal Hearings
Drivers who are aggrieved by a final decision of the Sectary 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 conference equipment in accordance with Administrative Rule 257.304. 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 need to provide documentation and testimony to prove by “clear and convincing” evidence that your alcohol problem is under control and likely to remain under control. Evidence that the likelihood that you will again drink and drive is low or minimal, and be able to demonstrate that you have the ability and motivation to drive safely and within the law. You must prove abstinence from alcohol for at least one full year.
Remember, hearing officers have a tremendous amount of discretion when deciding your matter. Without us, or another competent attorney, you run the risk of saying or doing the wrong thing, increasing the length of your revocation. For this reason, looking for an attorney who practices in this area of law is particularly helpful. For more information about Driver License Hearings, or to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
How can Garmo & Kiste, PLC help you to get your drivers license back?
Having an attorney present at your driver’s restoration hearing will always increase your chances of success. However, for our attorneys, helping to get your license back is not just about being present at the hearing. 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 will help you gather and sculpt key evidence for your hearing such as- substance abuse evaluations, substance abuse treatment records, AA sign-in sheets, and letters of sobriety from your family, friends, and co-workers. In addition to submitting a substance abuse evaluation, we will help you get and select your 4-6 community support letters used by the State to verify abstinence your from alcohol.
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 should consider asking your friends, family members, fellow AA members, teachers, or co-workers to write letters for you.
Our lawyers will help you make the best choices concerning which evidence to submit and which witnesses to call. Our lawyers will help you prepare all paperwork and filings concerning your Michigan restoration of driver’s license case. You must bring documentation of participation in a support group, such as AA. 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 will 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.
Hire the dedicated license restoration attorneys of Garmo & Kiste, PLC. Your legal matter is important to us, we strive to give you the proper legal advice and personal attention you should demand and deserve, for more information about license restoration in Michigan and to let us help you, call us at (248) 398-7100 for a free consultation or contact us with a private message.
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, they can deny reinstatement outright. Second, they may grant you a restricted license with or without an ignition interlock device. Or third, they provide you a full restoration. What type of license is issued is completely dependent on 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(s) why a licensing action was upheld, amended, or denied. We are here to help you. For more information about Driver’s License Restoration and to retain Garmo & Kiste, PLC – call us at (248) 398-7100 for a free consultation. 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?
If you are the victim of an adverse determination by one of the Sectary of State’s Hearing Officer you have three 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’s License Restoration and to retain Garmo & Kiste, PLC – call us at (248) 398-7100 for a free consultation.
