ByMatthew BenedictDriving with an ignition interlock device or BAIID can be challenging. The driver may not appreciate how fragile their new driving privileges really are. It’s important to have an idea about what problems may arise with an interlock device installed in your automobile. I made this short list of advice for my clients. Then I…
ByMatthew BenedictThe random retest sometimes called a “rolling retest,” is a breath alcohol test for people that have a restricted license which requires a breath alcohol ignition interlock device (BAIID) installed in their automobile. The random test is a test that will happen after the driver performs a “Start-up” test. Most BAIID manufacturers disclose that a…
ByMatthew BenedictIn this blog, I will discuss what to do when the State of Michigan has a hold on your driver’s license. This “hold” causes an out of state resident to become ineligible for a driver’s license in their new home state. A clearance must be obtained from the State of Michigan. The typical fact pattern…
ByMatthew BenedictIn this blog, I explore four tips to get your driver’s license back. Understanding these topics will increase the likelihood of restoring driving privileges after two or more drunk driving convictions in Michigan. Witness Sobriety Letters and the Driver’s License Restoration Case Some people just want their driver’s license back, and they will lie…
ByMatthew BenedictI have represented many people facing a drunk driving charge. Within the general pool of first offense, drink drivers are the people that refuse a chemical test after being arrested. In Michigan, once arrested, the police read a standardized form explaining the client’s chemical rights. This usually occurs once the client is placed under arrest…
ByMatthew BenedictThe letter requirement associated with Michigan SOS 257/258 “Request for a hearing” is the most screwed up element I see on a regular basis. The driver’s license restoration letter is more difficult than it appears. I have not represented a client yet that was able to provide good letters on the first try. Yes, I…
ByMatthew BenedictBasics of an Implied Consent Violation Michigan’s Implied Consent Law comes into play when a driver is pulled over for drunk driving, arrested, and the driver refuses the DataMaster Breathalyzer test or a consensual blood draw. Refusing the breath or chemical test will result in an implied consent violation and a one-year driver’s license…
ByMatthew BenedictIn Michigan, the process to restore driving privileges after two or more drunk driving convictions is long and arduous. License restoration represents a change in lifestyle for the petitioner. The old drinker is gone, replaced with a sober and more complete person. However, the Michigan Secretary of State and AHS do not issue driver’s licenses…
ByMatthew BenedictThe Breath Alcohol Ignition Interlock Device (BAIID) is a device that measures the alcohol level of the operator of an automobile. In Michigan, most drivers seeking to restore their driver’s license have to drive an automobile with an ignition interlock device for a minimum of a year. Over the years, the BAIID has become more…
ByMatthew BenedictThis article will provide some basic information regarding a driver losing their driving privileges, from a suspension, in Michigan. A hardship appeal for a driver’s license is available for aggrieved drivers in very limited circumstances. Eligibility The first thing that has to be determined is whether the driver has been “suspended” vs. “revoked.” Once a…
