2 Drivers License Restoration Hearnigs both DENIED due to "The Lack of Supportting Eviedance".

Asked about 2 years ago - East Lansing, MI

I have to wait one year or persue in Circut Court, which I want to. I went there to file and they said "I HAVE to have an attorney. Local attornies want $250 per hour and with no Drvers LIC I havent works in 2 years. I will make payments and eventully pay you off. But @ $250 an hour this will probably cost a Grand maybe more.

Attorney answers (5)

  1. Becket J. Jones

    Pro

    Contributor Level 14

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    Answered . http://www.michigan.gov/documents/DLAD-66_18914...

    The above link will give you a breakdown of the requirements to Petition the Michigan Department of State / Secretary of State for the reinstatement of your driving privileges.

    I have seen many people try to get their driver's license restored and fail for "lack of supporting evidence". The Hearing Officers are very meticulous, which is why many people find it less stressful to engage an attorney to handle the case after one or more failed attempts on their own. If you end up having to appear before the Driver's License Appeal Division again in a year, it is my opinion that you should engage an attorney to adequately prepare both your supporting documentation and testimony at the hearing itself.

    Attorney Abood is absolutely correct in noting that your sobriety is the most important preliminary issue for purposes of license restoration. If you haven't been sober for a minimum of 12 months, than everything else is irrelevant. Sobriety for purposes of the hearing means total abstinence from alcohol and all controlled substances for which you don't have a prescription and a doctor's note explaining its necessity. It should be noted that having a medical marihuana registry card will not work in your favor. Please also note that having 12 months of sobriety is a minimum standard and does not in and of itself guarantee you the restoration of your driving privileges.

    Your supporting letters need to be very clear and concise, which is something that an attorney can absolutely help with. The remaining documentation must be organized correctly as well. A failure in any aspect of the documentation, or your responses / testimony at the actual video / in person hearing can be detrimental to your cause.

    In terms of a Circuit Court Appeal, those can be costly. The price in my experience is generally in excess of a grand, and many attorneys I know charge in excess of $2,000.00 - the price reflects the many hours that go into preparing a proper appeal, and ultimately arguing your case before a Circuit Court Judge. You should call around to local attorneys before you make any assumptions though. Some attorneys may offer payment plans, some may not.

    If you are attending AA or NA, you should consider speaking with your fellows there to obtain a good local referral. You will likely be able to figure out who does and doesn't offer payment plans there as well.

    In any event, you will need an attorney to review the Order you received denying your restoration to see what, if any, issues exist to form the basis of an appeal.

    Wish you the best, and I hope you engage counsel on these issues.

    An Attorney-Client relationship has not been established. Becket J. Jones is not your attorney.
  2. Nader W. Nassif

    Contributor Level 10

    5

    Lawyers agree

    Answered . I'm not sure what the question is here. You should have hired an attorney the first time. People try to do these hearings on their own all the time and inevitably fail because they don't really know how to present their case, and don't know what to expect from the hearing officers. There's a reason that attorneys cost money. And when you get your license back with the help of a lawyer, you will then realize its money we'll spent.

    Good Luck.

    Nader W. Nassif
    (313) 377-4205
    Free Consultations

  3. Andrew P. Abood

    Contributor Level 7

    5

    Lawyers agree

    Answered . Your drivers license is one of the most valuable things a person gets from his or her government. It is difficult to hold a job without a valid license and it is unlikely that an adult without a license would stop driving. By any measure obtaining a valid license is worth far more than the attorney fees required to obtain the license. But if you haven't stopped drinking, you may be just wasting your time.

  4. Joshua Duane Jones

    Contributor Level 14

    4

    Lawyers agree

    Answered . You may be able to find an attorney for a flat rate. I would be surprised if an attorney would only charge hourly on a case like this. After you have waited the year and complied with the requirements needed to restore your license contact me. I would be glad to do something to assist, such as allow for a flat up-front feet for those services. Best of luck to you now and in the future.

  5. Michael J. Nichols

    Contributor Level 9

    3

    Lawyers agree

    Answered . You are in an unenviable position. You say "this will probably cost a Grand maybe more." On what do you base that claim? Are you an attorney? You run the risk of a lawyer who is not motivated to spend the extra time needed to prepare you and be prepared for a hearing - as you observed you have had 2 failed hearings already. If it were me - I would find a way to come up with the money to retain good counsel with whom I am comfortable.

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