Starting a Driver's License Appeal

Difference Between a Suspension and Revocation

There is a big difference between your license being suspended and your license being revoked. If it is suspended, there is a date certain when you will get it back. For instance, if you were convicted of a drug crime, you will lose your license for one year. You will generally get a letter from the Michigan SOS indicating the date the suspension starts and the end date. If your licensed is revoked, there is no end date. The presumption is that you will never be granted another Michigan Driver's License again. And to get it back, you must submit to a driver's license appeal hearing in front of a SOS hearing officer who is predisposed to denying your appeal.

The Application

There is a big difference between your license being suspended and your license being revoked. If it is suspended, there is a date certain when you will get it back. For instance, if you were convicted of a drug crime, you will lose your license for one year. You will generally get a letter from the Michigan SOS indicating the date the suspension starts and the end date. If your licensed is revoked, there is no end date. The presumption is that you will never be granted another Michigan Driver's License again. And to get it back, you must submit to a driver's license appeal hearing in front of a SOS hearing officer who is predisposed to denying your appeal.

The Assessment

If you are in group like AA or NA, find a sponsor because, one of your letters should be from your sponsor. In addition, the Secretary of State emphasizes that reference letters should come from a "cross-sampling of your family, family and co-workers who are in a position to know, observe and personally attest to your habits regarding the use of alcohol and/or controlled substances.”
Selecting an experience attorney to help you through this process is very important. Having represented several clients, Schmierlaw, can help you prepare, recommend experienced professionals to conduct alcohol or controlled substance abuse evaluations and assessments, review your application for inconsistencies, and make sure you have the best chance possible to regain your privilege to drive.

Reference Letters

You may bring witnesses to the Driver's License Appeal Hearing if you think they will add to your story of abstinence. The Hearing Officer must be convinced by "clear and convincing" evidence that you are no longer drinking and have a support system in place to make sure that you maintain your sobriety. Generally, mothers and fathers don't make great witnesses unless they can clear up a particular fact. If your parents don't love you, nobody does, so mom and dad are considered a little biased. This goes to the reference letters as well. And don't have your Priest write a letter, again, unless it is to relate some actual fact. His job is to forgive so he too, is a little biased.

Follow the Instructions, Make Copies, and Don't Be Late

The Hearing Officer looks to consistency when considering your appeal. Do all the reference letters have the same set of facts, for instance the date when you quit drinking. If you were denied in an earlier appeal, do both applications have the same information. You don't want to state that your quit date was March 15 and in another application, write down a different date.

Schmierlaw Can Help Make it Easier...Not Easy

At Schmierlaw, we will review all the information that will be sent to the Secretary of State. We will make sure all your reference are completed properly, that they are consistent, and they provide the necessary information.


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Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742     FAX: (248) 540-0044    Email: jschmier@schmierlaw.com