It is critical to submit evidence to support your Michigan driver’s license appeal. If you fail to do so, the consequences may be severe because you may lose your Michigan driver’s license appeal.
First, let’s first take a step back and examine what you must prove and how a hearing is handled. In order to win your Michigan drivers license appeal hearing, you must prove the following:
- Your substance and/or alcohol problem is under control and will stay that way in the future.
- You have a low risk of driving under the influence and a low risk of repeating your past abusive behavior in the future.
- You are motivated and have the ability to safely drive within the limits of the law.
- You’ve been sober for 6 to 12 months. Please note that the vast majority of petitioners will need to have a minimum of 12 months of continuous sobriety before the hearing.
It’s also really important to understand how convincingly you must prove your case. This standard is referred to as “clear and convincing.” The bottom line is this: at the conclusion of your appeal, there cannot be any doubt in the hearing officer’s mind or you will lose.
It is also helpful to understand how and to whom your case is presented. Your Michigan driver’s license appeal hearing will be held in front of a hearing officer. At the hearing, you may testify along with any important witnesses. The hearing officer will issue an opinion as to whether or not your Michigan driver’s license appeal was successful.
This brings us back to what type of evidence you should submit for your Michigan driver’s license appeal. It is important to remember that each case is unique and different. Therefore, the kind of evidence that may be necessary to submit in your case could be quite different from what needs to be submitted in somebody else’s case. What follows are some common examples of evidence that may be used for your Michigan driver’s license appeal hearing.
The Secretary of State wants to know that your alcohol problem is under control and will stay that way in the future. If you attended alcohol treatment or counseling, you should submit these records because it will help you prove that your alcohol problem is under control. Likewise, if you have been attending Alcoholics Anonymous, you should submit your sign-in sheets. Continuous and consistent attendance helps prove that your alcohol problem is likely to stay under control in the future.
Three additional pieces of evidence are worth mentioning. As part of Michigan driver’s license appeals, you will be required to submit a substance use disorders evaluation along with a drug screen. These documents must be submitted as part of your appeal. These items are critical. A favorable evaluation and drug screen can go a long way to help prove your case. Additionally, you will want to submit 3 to 6 letters from a variety of people who will confirm your sobriety.
You’re only entitled to one Michigan driver’s license appeal per year. Submitting the appropriate evidence can help ensure a successful appeal.
About Mark Langschied
Mark Langschied is a Michigan attorney who handles Michigan driver’s license appeal, Michigan OWI, traffic ticket, and driver’s license reinstatement cases.