Otherwise, you will required a Office of Hearings and Administrative Oversight hearing. The worst part, for me, is that the vast majority of violations I see happen to people who were absolutely not drinking. This is really an opportunity to include your friends, family, and co-workers in your recovery. Knowing the preferences of each hearing officer is very important to winning the case. Clarkston Clawson Commerce Farmington Farmington Hills Ferndale Franklin Groveland Hazel Park Highland Holly Huntington Woods Independence Keego Harbor Lake Angelus Lake Orion Lathrup Village Lyon Twp.Next
If you want to win your first hearing, contact a lawyer who has experience fighting and winning in Michigan hearings in the past. There is a chance not all letter writers will have personal knowledge of your involvement in support groups, but any that do should include it in their letters. All requests for hearings must be in writing and either mailed or submitted electronically. Under the Administrative Procedures Act, the Legislature has delegated certain powers to an agency acting under the authority of the Executive branch. The amount of alcohol or controlled substance the person know you consumed on the last occasion. Our lawyers will investigate every detail of your Michigan case and bring any hearing officer mistakes to light in your appeal in order to help you win back your license.Next
Most people who file a Appeal without a Lawyer wind up losing. This provides context for the hearing officer to understand the rest of the information. An abuse of discretion is defined as an arbitrary, capricious, or clearly unwarranted exercise of discretion. Talk to a lawyer now about your Michigan driver's license restoration case by calling or complete a. In Order to Prevail In order to win at an appeal hearing you must prove two things. This means that each Hearing Officer is going to act within those designated boundaries. It is critical to hire a real, bona-fide , like me, because license appeal and clearance cases are won or lost in the preparation.Next
I couldn't be happier with the results that we received, I can't speak highly enough about the great job he did. Here's what you need in each letter: The person's name and relationship to you. Please use the navigation buttons within each transaction and not your browser buttons. Call 1-800-342-7896 now or for a free initial case consultation. Our Approach to Driver's License Decision Appeals in Michigan Circuit Courts We understand how frustrating losing a hearing can be, and we know that anyone who has lost the chance to get back his or her license would do anything to go back and work with better legal representation.
However, this is an important element to show the hearing officer the disparity between who you were in active use and who you are now. The next time you go to the hearing you will be well prepared because you have hired an office that specializes in license restoration. Any email sent to the email address listed in this web site would not be confidential and no attorney-client relationship is established by the use of this website or by e-mail or telephone communication with this office. That is why it is important that your lawyer understand the legal basis for an appeal to circuit court. We will also evaluate your forms of evidence supporting your sobriety and make any adjustments that are necessary before your appeal. Amongst my many articles about , I have not spent much time examining the required Letters of Support that must be submitted in every case. The Secretary of State does not make it easy on you if you are trying to get back a license.Next
So, if you get it right the first time, you do not have to be concerned with an appeal to circuit court. Even if you come in with scientific proof that you absolutely were not drinking on the date in question I do this routinely , you still have to answer for your failure to test again. It takes approximately 50 days to receive the documents. The following the information that you will want to have contained in each letter. It is required that you submit at least 3 letters, but not more than six. This is an open-ended portion that allows the letter writer to speak directly to the hearing officer.
Part of any winning strategy is to limit variables, meaning the things that can go wrong. Ford will spend a great deal of time helping you understand what topics need to be covered in the letters. Certainly, more than 90% of the Letters I review are sent back with proposed corrections. Beyond just being a lawyer, and even a license restoration lawyer, I am actively involved in the formal University, post-graduate level study of alcohol and addiction issues. Preparation may be integral to overall success, but execution at the appeal is also essential to win. Recently, I attended an seminar.Next
There is no way to stop this from happening. Michigan, like the federal government, has dozens of these quasi-judicial agencies to help run the government's day-to-day affairs. It does depend on jurisdiction. Unprepared petitioners should request the hearing be adjourned rather than fail to appear, as they are not eligible for another hearing for up to one year from the date of the scheduled hearing. There is no winning a License Appeal without good Letters of Support.Next
If you hire us, we will be sure to review all of your reference letters for content, and will let you know if a second draft would be in your best interest. Simply wishing for a different outcome is not a basis for an appeal. Once scheduled, the appellant will be informed of the date, time, and venue of the hearing. Please do not use form letters. No Guarantee means no guarantee… Perhaps the biggest source of frustration for anyone who loses their own Appeal is the feeling of rejection, or of not being believed, if they are really and truly Sober.Next
Purpose Behind the Letters and What Needs to be Included in The Letters? Moreover, your license denial may be the result of hiring a lawyer that does not specialize in license appeals. Having represented several clients, the Law Office of James G. We will help you determine if appealing the decision is right for you, as waiting for a new driver's license hearing can sometimes be more beneficial than a Circuit Court appeal. This means that that if anything in their Letters of Support, or their testimony or, if they made the regrettable mistake of calling any witnesses, the testimony of any witnesses is part of the reason they were Denied, then they are. Michigan law sets a high standard for proving a hearings officer wrongly denied you a license at your Secretary of State Office of Hearings and Administrative Oversight hearing.Next