Drivers License Restoration

The Drivers License Appeal Division (DLAD) of Michigan’s Secretary of State office holds over 20,000 restoration hearings each year. The DLAD is responsible for determining if a person who has had his license suspended or revoked can have his driving privileges restored.

If your license has been suspended or revoked due to alcohol related convictions the Secretary of State approaches these restoration hearings with the presumption that you are an alcoholic and that you are risk to continue to drink and drive. Many people are insulted when they hear a statement like this. Be that as it may, the Secretary of State is the one you must convince otherwise and as such you must comply with their guidelines. It’s their game and their rule book and they determine if you win or lose. This might sound a little unfair and one sided, and it is.

Simasko Law Office’s P.C. represents those who have had their license suspended for alcohol related convictions, too many points on their license due to a poor driving record, refusing to submit to a breath test at the direction of a police officer as well as those who are serving additional suspensions due to driving on a suspended license.

All too often, those attempting to represent themselves before the Drivers License Appeal Division fail to prepare properly and very simply underestimate the requirements to have their driving privileges restored. As a result their hearing before the secretary of state results in a denial.

Many people who are unfamiliar with the requirements assume that after they have served their one year suspension appearing before the DLAD is just a formality and that they will be assured of getting their license back. They fail to take it seriously and get denied.

Many people are unaware of the fact that if you are denied a license at your hearing before the Secretary of State that in many situations they must wait an entire year before they can apply again.

The hearing officer often compares your testimony from previous hearings. If your testimony appears inconsistent with testimony given in the past it will make it much more difficult to obtain your license. Failure to prepare properly the first time makes it more difficult to obtain your license in the future.

At Simasko Law Office’s P.C. we have developed a straight forward and effective approach to maximizing your chances of having your license returned to you. The preparation of personal letters, obtaining favorable alcohol assessments and collecting supporting documentation are all critical to being successful before the Secretary of State.

You May Be Eligible If

You have served your minimum revocation or Suspension Period
You were revoked prior to 1992
Was your additional revocation prior to 1999

If you answered yes to any of the above, then Simasko Law Office’s may be able to help you obtain your Michigan Driver’s License.

In many situations, when you are convicted of an alcohol related offense you are faced with the problem of having your license suspended. All too often a person who is faced with this situation also faces the loss of his job due to the fact that he has no way to get there. If you are arrested for driving on a suspended license the usual result is that the Secretary of State imposes another suspension. If you are arrested while serving a one-year suspension it then becomes a two-year suspension. If you continue to drive while suspended and get arrested again the suspension doubles again and it becomes a four-year suspension. If it happens again the Secretary of State imposes an eight-year suspension. The eight year becomes a sixteen year a sixteen year becomes a thirty-two year and so on and so on.

When suspended drivers are faced with suspensions that seem to outlast their life expectancy they often think that nothing can be done and they simply give up.

What Can Be Done:

What many people do not know is that any additional “Suspensions can be set aside”. What this means is that the additional suspension become a nullity and you become eligible to appear before the Secretary of State for a Drivers License Restoration Hearing.

Actual Case:

In one situation a client came to the office and according to his master driving record he was not eligible to have a hearing before the Secretary of State until the year 2018 !! The Secretary of State would not even consider it until he served his suspension period. After filing the appropriate motions and appearing in Circuit Court his additional suspensions were “Set Aside”. He then became eligible for review. He was then able to obtain his license after appearing before the Michigan Secretary of State Drivers License Appeal Division.

What Are The Standards

In the eyes of the Secretary of State there is a presumption that you are an alcoholic and at risk to drink and drive again. In order to be successful you must rebut this presumption. To do this must establish that:

Your alcohol or substance abuse problems if any are under control and are likely to remain under control.
That the risk of you repeating the act of drunk driving is low

You rebut this presumption and establish that your alcohol use is under control by

Submitting Personal Letters from friends, family and acquaintances that see you on a regular basis and can comment on your abstinence based on their own personal knowledge.
Obtaining a “Alcohol Screening and Assessment” from a recognized counseling center that indicates that your alcohol problems are in remission.
Submitting verification of your involvement in self help groups such as Alcoholics Anonymous or other recognized support groups.

What should be in the personal letters submitted to the Secretary of State: In many situations people who wish to appear before the Drivers License Appeal Division submit personal letters that do not contain the correct information and as such do little if anything at all to assist the hearing officer in making a favorable decision on your file. In fact it’s very common to have personal letters that have conflicting information which will work against you and almost certainly result in a denial.

At Simasko Law Office’s P.C. we have collected sample letters that have been used by past clients who have been successful in having their license returned to them. We have reviewed each and every one of these letters to insure that they contain the required information. We can assist you in preparing the personal letters submitted to the Secretary of State. All personal letters submitted must be an original and signed by the person providing it however having a working model from which to draft your own letter, one which insures it will have the required information can be of tremendous help. Once Simasko Law Offices P.C. has been retained we will provide you with sample letters as well as assistance in reviewing the letters you will actually submit to the Secretary of State.

Where Do I go For an Alcohol Screening and Assessment:

The evaluation the Secretary of State requires must address particular points of interest. If the Alcohol Screening you obtain is missing information or fails to address a key point of interest that the Secretary of State requires it may result in the hearing officer disregarding the alcohol evaluation, which in all likelihood will result in a denial. Depending on the area in which you live Simasko Law Office P.C. can direct you to a counseling center that has a proven track record of providing complete and accurate evaluations.

Submitting Verification of involvement in “AA” or Counseling:

Contrary to what many people believe attendance of “AA” meetings is not a requirement to having your license reinstated. What is more important is that you can establish that you are or at least have been involved in a recognized and structured program and that you have a support system in place in the event that you may experience a relapse. If you have not been attending “AA” there are other ways if establishing the fact that you have support system in place. At Simasko Law Office’s P.C. we have seen helped numerous people obtain their license. Chances are your situation is one we have dealt wit before and we can help you too. If you mention this web sight the first meeting is free we can review your situation and advise you on what should be done. This meeting will not cost you a dime.

What Happens If I Am Denied Anyway?

If you are denied your only recourse is to appeal the Hearing Officer’s decision to Circuit Court. If it is necessary to appeal your decision to Circuit Court the judge will only look at two things when making a decision to return your license.

Did the Hearing Officer make a mistake when applying the law that resulted in a denial
Did the Hearing Officer abuse his discretion, resulting in a denial.

When appearing in Circuit Court to appeal the Hearing Officer’s decision it is an appeal “On the Record” made at the Secretary of State Hearing. What this means is that unless it was mentioned, talked about or otherwise brought up during the hearing before the Secretary of State hearing officer the Judge can not and will not consider any new evidence. I am fond of telling clients, somewhat facetiously, that “You can be a born again Christian and bring in tons of personal letters, page after page of sign in sheets from “AA” bring in people from the community to testify in your behalf and get glowing recommendations from counseling centers but the Judge will not even listen to it unless it was at least mentioned in the hearing before the Secretary of State.

It should be clear by now why it is critical to create the best most detailed record before the Secretary of State. Then if you are denied and need to appeal the hearing officers decision you have the means to win in Circuit Court.