Four years ago I got two DUI's, have been driving on a suspended license because I'm not sure where or how to get my license back. Now I have a court date for driving on that suspended license. Wondering what is my best option now or what I can do.
Start going to AA and documenting your attendance. Get into substance abuse counseling. And get an attorney. The process is involved and takes some time. If you haven't been doing any of the above yet expect to have to wait quite sometime before trying to get your license back. These matters are held before a hearing officer and they are generally very difficult to convince that a person has turned their life around.
First, get an attorney to help you with the Driving While Suspended charge, which is probably charged as Driving While License Revoked, because that is almost certainly the status of your license. Even if it is charged as DWLS, you are almost certainly revoked. There are a few defenses to DWLS and DWLR charges, and equitable factors sometimes come into play as well. If you get convicted of the DWLS/R, you will have to wait another year to even have a chance at getting back a license, so it is well worth it to see if you can avoid a conviction on that charge by hiring an attorney. In the meantime, you need to be doing the necessary things to make it more likely that you will be successful when you do try to get the license back, which will be through a hearing at the Secretary of State, Administrative Hearings Section (formerly called Driver License Appeal Division and Driver Assessment and Appeal Division). Discussing this now with an attorney will save you a lot of aggravation and disappointment later. The most important thing is to maintain total abstinence from alcohol. Again, the first thing to do, now, is to get a knowledgeable DUI/Traffic attorney. Frank B. Ford 313-565-9289
In terms of attempting to Restore your driving privileges, you should look up on Google, Michigan Secretary State Rule 13. You will find that Rule 13 requires that a person seeking to restore their driving privileges with the State of Michigan must satisfy 4 requirements by clear and convincing evidence prior to the State granting restrictions. Essentially, you must demonstrate sobriety for more than 1 year. You must show how your alcohol problems are under control and how you intend to keep them under control. You must show you that your present as a low risk of repeating the act of drunk driving and you have the ability and motivation to drive safely under the law.
You should consult with a qualified and experience DAAD appeals attorney for further insight and help.
I'll admit it's a long shot, but see if the prosecutor will allow you to plead to "Allow an Unlicensed Person to Drive." That particular offense does NOT get reported to the Sec of State, so you avoid what is called a "904 sanction" (in reference to the statute MCL 257.904). A "904 sanction" means your license will be revoked for another year, because you were caught driving during your period of revocation. I would kindly but strongly recommend you retain a local-area lawyer who is well versed in DAAD Law to assist you ("DAAD" stands for the "Driver License and Appeal Division"). Winning a DAAD Hearing can be very difficult, so please ensure you have an experienced attorney assist you. I wish you all the best of luck. Warmest regards, Matt Catchick.
Start at your DMV or BMV. They can normally provide a list of things to be done for each individual case. It may involve a trip to court, but given the age of the DUIs it may be as simple as paying the necessary fees and retaking the written test. You should consider hiring an attorney to assist you with the suspended license charge. It should help you when you go to court if you can show that you have regained your driving privileges.
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