Driver’s License Restoration in Traverse City: The Basics
Driver’s license restoration is a blend of both administrative law, hearings at the Secretary of State, and appeals to the Circuit Court. In Traverse City, and everywhere else, getting your license back has become easier over the past couple of years. Hearings are held at the Secretary of State office in Traverse City and the local judges are now more likely to grant relief on appeal. Statewide, the path to reinstating a driver’s license has become easier with the use of a Breath Alcohol Ignition Interlock Device (BAIID) and changes in the law that allow the Circuit Court to grant restricted driver’s licenses. With a little work, people living with a revoked driver’s license have more options than in the past. Most driver’s license restoration cases stem from two situations. First, a driver refuses to submit to a chemical test after being arrested for driving while intoxicated, this is called an implied consent suspension. A hardship appeal is available if the driver attends the Secretary of State hearing. A defendant may request a hearing before the Secretary of State to challenge an implied consent driver’s license suspension, but the request must be within fourteen days of the alleged violation. Second, the Secretary of State revokes a driver’s license for multiple drunk driving convictions. A conviction for operating while intoxicated, second offense, requires the Secretary of State to revoke all driving privileges for the offender. The revocation of the license is permanent. After one year of living with a revoked driver’s license, a petitioner becomes eligible to reinstate their driver’s license. However, the Secretary of State is not in the business of restoring driver’s licenses. In fact, they will deny a petitioner’s application for any failure to meet the State’s strict requirements. Furthermore, if a petitioner previously attempted to regain their driving privileges and failed, the Secretary of State will reconsider the prior hearing at all subsequent hearings. In short, if a petitioner screws up in one hearing, the Secretary of State will continue to bring up the previous hearing year after year in subsequent attempts to regain driving privileges. One poor showing at a hearing may haunt someone for years. The best strategy for a person to get their driver’s license back is to hire an attorney and thoroughly prepare for the hearing.
The process for a driver’s license restoration case
A driver’s license restoration case begins with an application for a hearing. The application requires care because several documents must be attached and there are many factual questions. Errors within the application will be exploited and used against the petitioner. Second, there is a hearing before the Secretary of State’s Administrative Hearing Office(AHS) hearing officer. The hearing officer is an attorney, and they are skilled interrogators. At the conclusion of the hearing, the hearing officer will issue a written opinion. The hearing officer will either grant a restricted driver’s license or deny the petitioner’s request for driving privileges. If the hearing officer denies the petitioner driving privileges, the petitioner must wait a year before he/she is eligible to try again. In limited circumstances, a petitioner may appeal the denial to a Circuit Court. Circuit Court appeals are difficult and rare. The better strategy is to prepare for and win the petitioner’s case before the AHS hearing examiner.
If the petitioner is granted a restricted license at the AHS hearing, the limited license will include the use of a Breath Alcohol Ignition Interlock Device(BAIID). A private company will install the device into the petitioner’s automobile. A BAIID tests the driver’s breath for traces of alcohol. If the device detects alcohol, the vehicle will not start. In addition to tests for starting the vehicle, BAIIDs require a rolling retest. A rolling retest is a test while the vehicle is operating. The BAIID sounds an alarm and the driver must immediately pull over and provide a clean breath sample.
If there is a problem with the BAIID or the device detects alcohol, the Secretary of State will reinstate the prior revocation of the petitioner’s driving privileges and the process starts all over again. Sometimes, a petitioner may save their restricted driver’s license at a hearing. After a year with no BAIID violations, the petitioner must, once again, file an application and conduct a hearing to gain a full, unrestricted, driver’s license.
Why a petitioner needs an attorney
An experienced driver’s license restoration attorney has been through the restoration process many times. The petitioner has only been through the process once. Experience matters. I know the pitfalls, how to avoid them, how to beat them. My trial experience also allows me to effectively question a petitioner-draw out the important facts that a hearing examiner wants to see. The road to get your license back is long, but it doesn’t have to be difficult for the client.
What to expect as my client
A telephone consultation starts the process. Usually, a 5 to 10-minute conversation is all it takes to determine if a new client has any chance of reinstating their driver’s license at the Secretary of State hearing. After a contract is signed, I conduct a thorough interview with my client. This interview exposes the reasons why the client stopped drinking alcohol and how they maintain sobriety. After the interview, we work together to gather evidence, find witnesses, and build the best case possible. Before the hearing, I thoroughly prepare the client by asking hard questions, similar to the Hearing Examiner. I will travel to the hearing for low costs to the client, then conduct the hearing. When my clients call, they talk to me, the attorney. My driver’s license restoration clients can expect nothing but personal service, affordable rates, and to be thoroughly prepared for the hearing.
The typical license restoration case consists of the following client expenses: 1) A certified driving record($10); 2) A criminal history report ($10); and 3) A drug and alcohol assessment ($150 to $250). For a flat fee of $1200.00, you can have one of the best driver’s license restoration lawyers in Northern Michigan. Why the best? I want to help my clients overcome their past demons. In addition, I charge a travel fee: $20.00 minimum for travel outside of Grand Traverse or $20.00 an hour. If an overnight stay is necessary, I will charge the client an additional $120.00.
I also use Facetime and Skype to reduce/eliminate travel for my clients. It’s a decision of whether to stop pissing around, thinking you can handle this yourself, or hire a true professional to guide you to a better life.
My retainer for an appeal to the Circuit Court following an AHS hearing is $2000.00, plus the travel fees, and the cost to order your transcript. If you have been wronged, then I am the man for your appeal. Unless you have been trained in how to draft, complete, and present an appeal, the restoration road ends with the Secretary of State. I will fight for your license.
Driver’s license restoration lawyer near me
There is little or no advantage to hiring your local attorney to handle your driver’s license restoration case. Today, most lawyers file a driver’s license restoration application, including all exhibits, letters, etc.., via the internet. This means that dropping off letters or other evidence is not needed. A client can pay an attorney to scan your documents into a pdf file, or the client can save money and scan their own documents and email them to their attorney. All license restoration cases in Northern Michigan are conducted via television teleconferencing at select Secretary of State offices. If the client doesn’t live in one of the cities with the teleconferencing equipment, then the client will have to travel to a city on the day of their hearing that has a Secretary of State office with the equipment. A driver’s license restoration lawyer in Northern Michigan must travel to the same location. Each Secretary of State office services a different geographic region, these regions are not all the same. For example, the Petoskey Secretary of State office is one of the busiest offices in the State for restoration cases, it takes a long time to get a hearing. In comparison, the Traverse City office less busy and hearings are scheduled much sooner. This means that a driver’s license restoration attorney near me search will likely bring up a local attorney. But is this attorney the best choice? In my opinion, the convenience of having a local attorney near the client is outweighed by hiring an attorney with the knowledge and experience to get the job done.
The out of state client clearance case. Michigan has a hold on my license
When a driver leaves Michigan for a fresh start, but they leave with restrictions, suspension, or revocations due to multiple DUI convictions, this person will run into problems when they seek a new driver’s license in a different state. The driver will be told by a DMV representative in the new state that Michigan has a hold on their license. This means that the driver must clear up the problem back in Michigan, hence I call this a clearance case. Please visit my blog for more information on my service for out of state clients seeking a clearance with the State of Michigan.
Mr. Benedict did a great job helping me regain my driving privileges. He was always available and punctual through the entire process. I believe my attempt would have been unsuccessful without his representation. He is very knowledgeable in the process and what it takes to be successful. I highly recommend his services as an attorney.