I've been clean for over a year and have had documented treatment. Do I still have to go through the appeal steps to get it back since it has been so long?.......Thanks.
Criminal Defense Attorney
In Michigan, a license is revoked upon obtaining 2 drinking and driving convictions within 7 years or obtaining 3 drinking and driving convictions within 10 years. A person who is revoked for drinking and driving is known as a habitual offender of Michigan drinking and driving laws or a repeat offender. For example, if you have a conviction of Impaired Driving and another convction for OWI within 7 years, you face mandatory revocation of your license. A first time revocation is for a minimum period a 1 year and a second lifetime revocation is for a minimum period of 5 years. This means that a person is not eligible to have a hearing before the DAAD unitl the minimum period of the revocation expires. During the period of revocation, no driving is allowed, even on a restricted basis for employment or school! The process to obtain a license after a period of revocation due to drinking and driving is often called "driver license restoration" or "driver license appeal". The person filing an appeal before the DAAD to obtain a license is called the petitioner. The petitioner is required to meet a burden of proof before the DAAD may grant a license. Petitioner must prove by clear and convincing evidence that the alcohol or substance abuse problems are under control and likely to remain under control. This is a high standard and requires the petitioner to provide substantiating documentation which includes a substance abuse evaluation and character letters. An attorney can guide a client through the process and make sure that the evaluation and letters are appropriate for submission to the DAAD. Many times, I have seen evaluations or letters which are submitted that actually harm a client's case and result in a continuation of the revocation. If a person loses his hearing before the DAAD, he or she cannot appeal for a period of 1 year unless the DAAD gives the person an earlier return date. In addtion, a person who loses before the DAAD may appeal the decision to the Circuit Court based upon: Michigan Compiled Law 257.323 (6) (d): The hearing officer decision is not supported by competent, material and substantial evidence on the whole record, and/or, Michigan Compiled Law 257.323 (6) (e): The hearing officer decision is arbitrary, capricious or clearly an abuse or unwarranted exercise of discretion. However, it is much preferable to win at the first hearing. For this reason, an experienced attorney can sift through a person's substance abuse history, counseling history, relapse history, prior cases, probation records and driving record to prepare an individual strategy for the license appeal. The attorney can make recommendations regarding some counseling before the DAAD hearing or that the client return to Alcoholics Anonymous (AA) meetings. The attorney also knows what questions will be asked at the hearing.
ABDO LAW FIRM
Cy M. Abdo & Matthew S. Abdo
42550 Garfield Road, Suite 104-A
Clinton Township, MI 48038
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Criminal Defense Attorney
While it might seem like you should be able to simply get your license back just due to the passage of time, the DMV may see it another way.
I suggest you consult with a local attorney and get him/her involved and get it done. It may seem like you shouldn't have to use an attorney for this type of thing, but it just might turn the trick and get you driving legally again.