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posted on September 8, 2012 by License
Frequently Asked Questions Related to Driver’s License Restoration
Article by Mark Langschied
Have questions related to getting your license restored after a driving under the influence (DUI) or operating while intoxicated (OWI) charge? Below are answers to the most frequently asked questions when it comes to driver’s license reinstatement. Q. I just received my second DUI conviction. What will happen to my driver’s license?A. Two convictions within seven years will result in a one-year revocation of your driving privileges in Michigan.Q. I just received my third DUI conviction. What will happen to my driver’s license?A. Three or more DUI convictions will result in a revocation of your driving privileges for five years.Q. If I’m in sobriety court, can I get a restricted license?A. After January 1, 2011, you may be eligible for restricted license if you are in a sobriety court program and other requirements are met.Q. What is a revocation as opposed to a suspension?A. A suspension of driving privileges is for a defined period of time. For example, a suspension for one year means that you cannot drive for one year, but at the end of one year you can start driving again. However, revocations works differently. A revocation is permanent until you are approved by the Secretary of State to drive. For example, if you have a one year revocation, you would be eligible for a hearing to restore your license after one year. You would have to convince a hearing officer to restore your driving privileges at a hearing.Q. What department of the Secretary of State handles license appeals?A. The Drivers Assessment and Appeal Division handles appeals in Michigan.Q. What is a Drivers Assessment and Appeal Division hearing like?A. It is similar to a trial. You will give testimony to a hearing officer who will decide your case. You will have the opportunity to submit evidence in support of your case and to call witnesses on your behalf.Q. What do I need to prove to reinstate my driver’s license at the hearing?A. You must prove that your alcohol/substance abuse problem is under control and likely to remain that way, that you represent a low or minimal risk of repeating the active drunk driving and that you have the ability and motivation to drive safely within the law. Further, you must prove at least one year of sobriety before the hearing.Q. How convincingly do I have to prove my case?A. You must prove your case by clear and convincing evidence. Stated another way, your case must be a “slam dunk.”Q. What kind of evidence may I submit?A. Alcoholics Anonymous sign-in sheets, treatment records, letters of sobriety, substance abuse evaluation and any other evidence that proves your case.Q. Can I call witnesses on my behalf?A. Yes.Q. Is AA attendance helpful?A. Yes it shows that you are part of a sober support group. However, AA is not always necessary to prevail.Q. After the hearing, how long will it take to find out if I’ve won my case?A. Typically, you will receive the hearing officer’s written opinion in 4 to 8 weeks.Q. If I lose, can I appeal my case?A. Yes
Filed Under: Expanded News Tagged With: Asked, Drivers, Frequently, License, Questions, Related, Restoration
posted on August 24, 2012 by License
The Role of Alcoholics Anonymous in Michigan Drivers License Restoration
Article by Mark Langschied
Before we can answer the question of the role of Alcoholics Anonymous in restoring licenses, it’s helpful first to briefly review the Michigan license restoration process and what you must prove.
You will ultimately have to convince a hearing officer to grant you driving privileges. A hearing is similar to a trial where evidence is submitted and you will be required to testify. Witnesses may also be called to testify.
Your Michigan license attorney must prove that you are never going to drink again. If there’s any doubt in the hearing officer’s mind about this, you will lose. The bar is set high. When considering Michigan license restoration attorneys, I would urge you to get one that focuses on license restoration. Your attorney can help you through each step of the license restoration process.
Now let’s talk about the role of Alcoholics Anonymous in restoring licenses in Michigan.
Alcoholics Anonymous is a structured support group. There’s no doubt that Alcoholics Anonymous helps many individuals successfully overcome significant alcohol problems. The 12 steps of Alcoholics Anonymous provide strategies that individuals can use to effectively deal with their alcohol problems. Further, an AA sponsor can work with the individual to provide additional support. A sponsor will typically help you work the 12 steps.
Hearing officers recognize that Alcoholics Anonymous can be extremely important in providing a support network so that an individual does not start drinking again. Remember, one of the key things that must be proved in order to regain your license is that you are never going to drink again. Because of this, Alcoholics Anonymous can help prove that your alcohol problem is under control and will remain that way in the future. This is why Alcoholics Anonymous can be very helpful to winning your license back.
Before your hearing, you will be required to get a substance abuse evaluation by a qualified substance abuse counselor. The evaluator will determine whether or not you have any alcohol problem such as alcohol abuse or alcohol dependence. One is considered an alcoholic if they are diagnosed as alcohol dependent. A person diagnosed with alcohol abuse is not an alcoholic and therefore, AA may be less important to regaining driving privileges. Conversely, if you have been diagnosed as alcohol dependent, AA may be more important to regaining your license.
Hearing officers also know the difference between simply attending AA and participating. Full participation would involve frequent attendance and step work in coordination with a sponsor. The quality of your involvement can also be important.
When searching for Michigan drivers license restoration attorneys or Michigan drivers license appeal attorneys, I would recommend you find an attorney that specializes in license restoration.
About the Author
Mark Langschied is a Michigan license attorney who handles Michigan license appeal, Michigan OWI, traffic ticket, and license reinstatement cases.
Use and distribution of this article is subject to our Publisher Guidelines whereby the original author’s information and copyright must be included.
www.rexandersonpc.com Lapeer Michigan Drivers License Restoration Many Lapeer Michigan motorists have been driving on a suspended license for several years. Some have had financial difficulties that have prevented them from getting their license restored; While others have suffered from drug and/or alcohol abuse and are now in recovery and wish to resolve their past issues. Some Lapeer Michigan drivers just don’t know where to start. Attorney Rex Anderson is the key to helping you get your driving privileges back on track; handling all the processes to get your Lapeer driver’s license. Here are the eight steps you need to take to have your Lapeer Michigan drivers license restored: 1. Before our office can assist you in getting your driver license back you will need a copy of your 10-year unedited master driving record which you can obtain from your local Secretary of State office. 2. Once you have this required document, the next thing you will want to do is call the Law Offices of Rex Anderson at (810) 653-3300 to schedule a FREE initial consultation. We will discuss your driving record and everything you need to do in order to get your driver’s license back. If your driving offense involved drug or alcohol abuse our office will instruct you on how to: 3. Obtain a substance abuse evaluation from a qualified and respected therapist. We can direct you to the professionals that we regularly use to write these types of reports. 4. Attend and document AA (Alcoholics Anonymous …
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Filed Under: Expanded News Tagged With: Alcoholics, Anonymous, Drivers, License, Michigan, Restoration, Role
posted on August 21, 2012 by License
Florida Graduated Drivers License Guide
Article by Kristin Stancato
The fact is that the crash rate for 16-year-old drivers is 15 times that of those with 4 to 8 years of more driving experience. For this reason, the National Highway Traffic Safety Administration (NHTSA) and American Association of Motor Vehicle Administrators (AAMVA) developed a graduated driver’s license system.
Graduated licensing is a system that consists of three stages wherein young drivers must meet certain expectations before graduating to the next stage. The purpose of putting young drivers through a staging process is to ensure they are eased into difficult driving situations slowly, as their experience and maturity grow. From a learning permit to full licensure, the teen driver is moved progressively to each stage as they demonstrate responsible driving behavior.
The components and requirements of each licensing stage are determined separately by each state. Not all states have graduated licensing laws, and some that do only have two stages in their system. Florida is one of 13 states that currently has a three-stage graduated licensing system.
Florida’s Graduated Driver’s License program became law in July 1996, and in 1997 alone, Florida saw a 9% reduction in fatalities and injury crashes for teen drivers between 15- and 17-years-old. Thus, the benefits of Florida’s GDL program are obvious.
Florida teen drivers must progress through three licensing stages: Learner’s License, Operational License, and Full License.
To obtain a Learner’s License, the driver must do all of the following:
be at least 15 years old;provide a Social Security Number;show proof of completion of a Traffic Law and Substance Abuse Education course, or a license from another state, county, or jurisdiction;have a legal guardian sign the Parental Consent Form in the presence of the driver license examiner; andpass the required written test covering road rules and signs, a hearing test, and a vision test.The holder of a Learner’s License may not drive alone, regardless of age, and if under 18, must hold the license for 12 months before advancing to the next stage. The driver is restricted from driving after dark for the first three months, and after 10 p.m. from months 4-12.
The next stage of licensing is the Operator’s License. To receive an Operator’s License, the driver must:
be 16- to 17-years-old;have held a Learner’s License for at least 12 months without any traffic convictions;show parent or guardian certification that the driver has had at least 50 hours of experience behind the wheel, 10 of which must have been at night;successfully perform a behind the wheel test in the presence of the driver license examiner.The 12-month requirement above starts over at any point the driver receives a traffic conviction on their record.
Drivers with an Operator’s License, who are 16-years-old, may only drive between the hours of 6 a.m. and 11 p.m., with two exceptions. If the driver is going to and from work, or has a licensed driver who at least 21-years-old in the front passenger seat, he or she may driver outside the restricted times.
Drivers with an Operator’s License, who are 17-years-old, are restricted from driving between 1 a.m. and 5 a.m., with the two exceptions listed above.
The Full License is the end goal for young drivers. Once a driver reaches age 18, they may apply for a Full License. For those already holding an Operational License, the driving restrictions will merely fall off. No new testing will need to be completed.
18-year-olds who have never held a driver’s license may apply for a Full License as long as they provide:
two forms of identification;a Social Security card, if they have one; andproof they completed a Traffic Law and Substance Abuse Education course.
Therefore, if a young driver adheres to Florida’s zero tolerance for alcohol policy, and keeps their driving record free of any traffic convictions, they will be eligible for a Full Class E Driver’s License at age 18.
About the Author
Lowest Price Traffic School provides DMV approved Florida driver education courses required to obtain a Florida learners permit designed for both teens and their parents.
Use and distribution of this article is subject to our Publisher Guidelines whereby the original author’s information and copyright must be included.