I received a 2nd DUI & was sentenced with 1 yr probation, testing 3 days/wk, AA 2x'/wk & alcohol counseling 1x/wk, plus 240 hrs of community service & having my car immobilized for 90 days. I work 2 part time jobs & rent a room from a family. The Secretary of State has revoked my license for a full year & said I am unable to apply for a restricted license for work & court purposes. Since there is no public transportation, I am being forced to quit my jobs leaving me with no income & forcing me to become homeless. In addition, I will not be able to comply with probation. The courts say it is not up to them & I have to deal with the Secretary of State. I want to work & I am capable of working but am being forced to collect welfare & look for government housing. Can they legally do this?
Yes. Unfortunately, your license case is desperate from the criminal charge you pleaded guilty to. Further, you have to understand that the court does not care what effect the sentence has on you personally.
YES, they can legally do this. You can ride a bus to work or you can walk. Sorry. Quit drinking and driving and you won't have these issues. I've heard government housing can be quite lovely and lots of people really enjoy welfare.
San Diego Criminal Defense Attorney--Former Prosecutor--20 years experience.
Yes the Secretary of State will suspend/revoke your operator's license for 1 year if you have 2 DUI/OWI drunk driving convictions in 7 years. The only possible way around this 1 suspension is if the court you were convicted in has a sobriety court and you request admission into the sobriety court. If you are admitted you may be able to obtain a restricted license after 45 or 60 days. Check with the court to see if it operates a sobriety court.
Yes, they can and will as long as the second conviction is within seven years of the first. The penalty is set by statute and the court has zero discretion to change or modify it. That's the price you pay for driving drunk. Is there some reason why you aren't eligible for sobriety court? That would give you a restricted license.
I would note a couple things. Making the argument to the court that they are in effect forcing you into homelessness is not going to get a lot of love.
I can only assume the most common scenario at this point - that you have received a letter form the Secretary of State revoking your license, and that you have not tried filing anything with the Circuit Court.
You can under MCL §257.323c file a hardship appeal to obtain a restricted license if you meet the criteria therein. Basically - you have no reasonable access to public transportation, no one available to you to drive you to / from work, which creates a genuine hardship for you.
That hardship appeal is filed with the Circuit Court above the district court your case was resolved in. Please note that from the date you file that appeal with the court (with the requisite $150.00 filing fee, unless you can prove indigence) it will generally be between 40-60 days prior to your actual hardship appeal hearing.
While the general elements in a hardship appeal are relatively simple to prove or disprove, I would strongly advise at least consulting with an attorney before trying your hand at it. As the old adage goes, "the lawyer who represents himself has a fool for a client".
A link for MCL 257.323c can be found below. You may also want to google MCL 257.322 and 257.323.
Best of Luck.
An Attorney-Client relationship has not been established. Becket J. Jones is not your attorney. In order to protect your interests, you should engage with and retain a competent criminal defense attorney who practices often in the court you are scheduled to be in front of if you have been (or believe you will be) charged with a crime in the State of Michigan.
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