Driver’s License Restoration
Driver's License Restoration
Restoring Your License in Michigan
The loss of your driver’s license can significantly complicate life, especially in Michigan where driving is an essential part of everyday existence. Deprived of a license, crucial tasks such as timely commuting to work, running errands, or participating in social events become challenging. The inability to legally operate a vehicle can evoke a sense of confinement and helplessness.
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Meet Your Legal Advocate
David Goukassian
The steps one needs to take are not straightforward, especially if you are not familiar with the appeals process. When you contact us here’s what we’ll tell you: We’re here to help. We’ll take care of the legal stuff. And, we’ll help guide you through every detail.
Experienced in Every Circumstance
There’re various reasons why you might have lost your license. Whatever your specific circumstance is, we’re here to help.
Suspension vs. Revocation | What's the Difference
Distinguishing between a suspended license and a revoked license is crucial, as they carry distinct implications and involve separate procedures for reinstatement or restoration.
When Does Your License Get Suspended?
In Michigan, a license is suspended when the Secretary of State, either at their discretion or as mandated by law, prohibits the individual from utilizing their driver’s license. A license can be suspected for a conviction for DUI or for having too many points on your driving record.
When Does Your License Get Revoked?
If your license is revoked, it means you no longer possess it at all. In Michigan, a license is revoked when the Secretary of State, either at their discretion or as mandated by law, completely revokes your license.
If your license has been revoked in Michigan, you’ll need to undergo a lengthy process of obtaining a new one through a driver’s license restoration hearing. Individuals with two OWIs within 7 years become eligible for this hearing after one year.
Getting Your License Back
In Michigan, your Driver’s License Appeal happens at the Secretary of State. A hearing officer will decide whether to issue a driver’s license at the conclusion of a hearing.
If your license is revoked because of DUI convictions, the standard that the hearing officer applies is whether the petitioner has demonstrated by clear and convincing evidence that they are sober and likely to remain sober for the rest of their life. This is a difficult standard to satisfy and it is crucial to submit evidence that corroborates the petitioner’s sobriety. Other revocations wiLl require the petitioner to provide that they will drive safely within the parameters of Michigan Law.
Our team is well-versed in providing the information that the hearing officers look for during these hearings. We will review all of the evidence before anything is submitted and then have a hearing with the Secretary of State where we will present testimony and evidence that corroborate and support the petitioner’s case.
Appeals to the circuit court are always possible if the Secretary of State denies the applicant.
To see if you are eligible for a driver’s license call our office for a free consultation.
Implied Consent Violations
Michigan driver’s are considered to give consent to a chemical test if arrested for DUI. If the chemical test is refused, the individual will lose their license for one year and six points will be added to the person’s driving record. Implied violations are challenged at the Secretary of State and a decision can be appealed to the Circuit Court in the County where the arrest was made. Further a person can appeal the decision and ask for a “Hardship License.”
At an implied consent hearing, the officer has to prove the following:
- Whether the officer had reasonable grounds to believe that you committed a crime described in MCL 257.625c(1)
- Whether you were placed under arrest for a crime described in MCL 257.625c(1)
- Whether the refusal was reasonable
- Whether you were advised of your rights under MCL 257.625a
It is important to challenge implied consent violations. The violation could be dismissed for several reasons. If it is not dismissed there will be a record of the hearing and an appeal can be filed in the Circuit Court. Our attorneys are very experienced in representing clients at implied consent violation hearings.
How Our Attorneys Can Help
Secretary of State addresses Driver’s License Appeals in Michigan. If your license has been revoked, a hearing officer at the Secretary of State will consider your evidence and issue an order either awarding you a restricted or full license or denying your request. Secretary of State denials are appealed to the Circuit Court where the Petitioner resides. Circuit Courts in Michigan oversee the appeals for Driver’s License Restoration.
To initiate the process, individuals must submit a written request to the State of Michigan, accompanied by several required documents. It’s crucial to be aware that even minor errors in the appeal can lead to denial. This is one of the major reasons that a trained legal professional can help speed up the restoration process.
The steps one needs to take are not straightforward, especially if you are not familiar with the appeals process. When you contact us here’s what we’ll tell you: We’re here to help. We’ll take care of the legal stuff. And, we’ll help guide you through every detail.
Why Goukassian Law?
Whatever your circumstance, Goukassian Law can help you through the process of getting your license back. Call or message us today for a free consultation.
