Driving is a way of life, particularly in the Motor City. Losing your driving privileges can have severe consequences on your personal and professional life, whether it be visiting family or commuting to your job. Unfortunately, under Michigan law, the punishment for certain crimes include the temporary or permanent restriction, suspension or revocation of your driver’s license. However, there is a path to reinstating your driver’s license – albeit a comprehensive and technical one. ZAYID LAW can help you navigate the murky waters of driver’s license restoration and defend you every step of the way to ensure you are put back in the driver’s seat of the car, and, more importantly, your life.
ZAYID LAW can represent you through every step of the driver’s license restoration process, including the following:
In Michigan, your driver’s license may be restricted or suspended for various reasons, including point-accumulation or conviction of some criminal/traffic offenses. A suspension, however, does not actually require an application for reinstatement. A definite-period suspension carries a "from" and "through" date. When the "through" date is reached, the driver merely needs to appear at a branch office and pay the reinstatement fee for re-licensure. (Provided no additional violations occur during the period of suspension.)
However, if your license is revoked, you must apply for a hearing to restore driving privileges, and most of these hearings are conducted at the Michigan Secretary of State Administrative Hearing Section (AHS), previously known as the Driver’s Assessment and Appeal Division (DAAD).
Michigan's Repeat Offender laws are designed to get tough with drivers who repeatedly drive drunk or drive while on a suspended or revoked license. The state considers you a Repeat Offender if you meet the following criteria:
The Secretary of State is required to revoke the driver license of a Repeat Offender and deny his or her application for another license.
The first step in the driver’s license restoration process is determining whether you are eligible to apply for reinstatement. Under Michigan law, if you have been convicted of two or more drunk driving offenses, you are required to request a Driver’s License Restoration Hearing with the Secretary of State Office of Hearings and Administrative Oversight.
There is no guarantee that the license will be returned after the minimum period of revocation. The pivotal issue is whether the person can be considered a safe driver based upon documentary evidence and testimony.
The restoration process begins well before the eligibility date, however. There is a series of checklist items that must be completed in order to request, and, eventually, attend the driver’s license restoration hearing. Prior to attending the hearing, you must complete the following:
The process can be complicated and confusing, and it is always better to have an experienced lawyer at ZAYID LAW give your case the personalized attention to ensure the best chance at getting your license back.
Once you’ve completed the “checklist” above, you are in a position to request a hearing. The Secretary of State provides various forms that must be completed and mailed back in order to schedule your hearing. ZAYID LAW can take care of the entire process to ensure a hearing is timely requested and scheduled to get you back on the road.
Typically, the hearing is scheduled one to two months after the request is filed. You should expect to receive notice of the hearing two weeks beforehand.
A common misconception is that you will need to go to court and testify in front of a judge. However, the Secretary of State Office of Hearings and Administrative Oversight are responsible for conducting the Driver’s License Restoration Hearings, and you go before what is called a Hearing Officer. This Hearing Officer will ask a series of questions to determine your rehabilitation and likelihood to re-offend, and, ultimately, will render a decision.
Burden of Proof: Since you are requesting the hearing, it is your burden of proving your driving privileges should be restored. You must prove a set of elements through clear and convincing evidence of your rehabilitation and commitment to safely driving, substance free.
Elements: According to Michigan Administrative Code Rule 13, in order to restore your license, you must prove four elements through clear and convincing evidence:
Driver’s License Restoration Hearings, much like courts, feature diverse Hearing Officers with unique proclivities, so it is important to have an attorney who has experience in front of the Hearing Officer to ensure you present the most effective case possible to get your license back. I will tailor your case to persuade the Hearing Officer to grant your license restoration.
In some cases, you may receive a decision at the hearing. However, in most cases, you’ll receive the hearing officer’s decision by mail within three to six weeks after the hearing.
If the Hearing Officer grants you a restricted license, you will be required to install a Breath Alcohol Ignition Interlock Device (BAIID) on any vehicle you owns or intend to operate. You are not permitted to drive until the BAIID is properly installed and proof of installation is presented to a local Secretary of State branch office. You will typically be required to under the restrictions, with a properly installed BAIID, for at least 1 full year.
I understand how important a driver’s license and the ability to drive in Michigan can be both personally and professionally. When your license is revoked, you face risks with respect to your job, your family, and your livelihood. There is no reason that you should go through this process alone. I have the experience to help you get your license back and get you back on the road. The sooner you contact me, the sooner we can develop a plan to get your license back. I will implement an organized, effective, step by step process that will ensure the best possible chance to get your license restored. There is no reason to risk further fines, delays, suspension or revocation. I understand that getting your license back is the ultimate priority, and I will fight for you every step of the way. If your license is suspended or revoked, call me today for free initial consultation.