Drivers License Reinstatement Successes

DRIVERS LICENSE RESTORATION CASES –HIGHLIGHTS OF A FEW RECENT WINS

MICHIGAN DRIVER’S LICENSE REINSTATEMENT CASE NUMBER ONE - GLENN

Problem: Glenn’s drivers license was revoked because of two prior drunk-driving convictions.

Glenn was still on probation for his second drunk-driving conviction. This presented a significant hurdle. Many petitioners seeking their drivers license who are still on probation or who were recently on probation lose their request for a drivers license. Why? Because sometimes hearing officers don’t give you credit for sobriety time while you are also on probation. Hearing officers use the rationale that you are not exercising free will while on probation.

Thus, the challenge here was to build an extremely convincing case that Glenn’s drivers license should be restored so as to overcome any objection from the hearing officer concerning probation.

Result: After a lengthy hearing, I was able to convince the hearing officer to restore Glenn’s drivers license even though he was still on probation.

How did I win this case? As always, the first step was to conduct a very thorough interview. At the interview, I learned that Glenn had been sober for a year and a half, had completed outpatient therapy for alcohol abuse, and had attended AA for about a year and a half. Regarding AA, Glenn had completed 8 of 12 steps, had a sponsor willing to write a letter on his behalf and had gained significant insight into his condition by attending AA.

Further, Glenn had a very good job and coworkers were willing to write letters on his behalf testifying to his sobriety and his positive impact on the workplace. I also learned that Glenn had a strong support network through work, family, friends and his church. All of these individuals supported his sobriety.

My next step was to secure positive evidence to help win his case. A favorable substance-abuse evaluation was obtained showing that Glenn had no relapse history, had his alcohol problem under control and had an excellent prognosis for keeping his alcohol problem under control in the future. A negative-drug screen was also obtained. Next, seven letters of support were obtained from his coworkers, family, friends, church members and his AA sponsor. All of these letters were very specific in that Glenn had abstained from alcohol use for over a year and a half, had attended AA regularly, took AA very seriously and had progressed through step 8 of the 12 steps successfully. All of these individuals believed Glenn would abstain from alcohol use into the future and was a good risk for driving.

We next met to prepare his testimony in court and cross examination by the hearing officer.

At the hearing, I questioned Glenn first, followed by a cross examination from the hearing officer and then I questioned Glenn again. In short, my client testified that he:

1. had been sober for a year and a half
2. had attended AA and treatment
3. had found AA attendance very helpful for developing strategies for dealing with his alcohol problem
4. had not driven a car since his second DUI
5. had an extensive supportive network of family, friends, coworkers and church members who supported him in his efforts to abstain from drinking
6. and that if he were allowed to drive, it would allow him to make a greater contribution at work and possibly get promoted.

I next showed the hearing officer the substance-abuse evaluation, negative-drug screen, treatment records, AA sign-in sheets and letters of support.

After I questioned Glenn and introduced the favorable evidence, I argued that Glenn’s drivers license should be restored. The hearing officer agreed and restored Glenn’s driving privileges. My client’s driving privileges were restored despite the fact that he was still on probation. I believe that I was successful on his behalf because a meticulous, thorough, and compelling case was put together which overcame any objection the hearing officer may have had to the fact that my client was still on probation. Also, Glenn testified in a very straightforward and believable manner. I believe that this was, in part, a result of the preparation time we spent.

You can read what my client said about my efforts below in the following letter from Glenn.

MICHIGAN DRIVER’S LICENSE REINSTATEMENT CASE NUMBER TWO - JEFF

Problem: Jeff had a revoked driver’s license due to two prior alcohol/driving convictions. He had unsuccessfully tried to get his license back by representing himself at a previous driver’s license appeal hearing. Now he was looking for professional help to get him back on the road.

Result: I won the case for Jeff and he was granted driving privileges.

How was victory achieved? First, I conducted a very thorough interview. At the interview, I learned that Jeff had attended a significant number of Alcoholics Anonymous meetings, obtained a sponsor at AA, and gained a lot of depth and understanding of his alcohol problem while attending AA. In addition, Jeff successfully completed an alcohol treatment program. I also learned that Jeff had been sober for over two years. During this period of sobriety, he had completed his education and obtained a new job.

The next step was to secure additional proof of sobriety and a professional opinion regarding Jeff’s likely continued sobriety. A favorable substance-abuse evaluation was obtained. A 10-panel drug screen was negative. Additionally, five letters from a cross-section of people established Jeff’s sobriety, life-affirming changes and likelihood that he would maintain sobriety in the future.

Before the hearing, I met Jeff for a thorough preparation of his testimony.

At the hearing, I questioned Jeff. He testified as to his sobriety and life changes that he had made such as completing his education and getting a new job. Additionally, I showed the hearing officer the substance abuse evaluation, 10-panel drug screen, employment records, AA attendance sheets, treatment records, letters of sobriety and an educational degree as proof of Jeff’s sobriety and continued likely sobriety. I then made the closing argument that my client should be allowed to drive again.

Bottom line: I was able to secure Jeff’s driving privileges.

MICHIGAN DRIVER’S LICENSE REINSTATEMENT CASE NUMBER THREE - Bill

Problem: Bill had a revoked license due to three prior drunk-driving convictions.

Result: I convinced the hearing officer to restore Bill’s driving privileges.

How did I win this case? First, I conducted a very thorough interview. This step is key to learning more about Bill, his sobriety and learning how I can maximize his chances of securing a drivers license. Second, I helped Bill obtain important information for the hearing such as: proof of AA attendance, alcohol treatment, and a professional evaluation that his alcohol problem was under control and would likely remain so into the future. Finally, I prepared Bill for his testimony in front of the hearing officer.

At the hearing, I submitted the following evidence to the hearing officer: letters of sobriety, a favorable substance-abuse evaluation of an alcohol problem in remission and a good prognosis for continued sobriety, a negative-drug screen, employment records demonstrating continuing employment with excellent reviews, AA sign-in sheets documenting continued attendance at AA for more than one year, and alcohol treatment records documenting successful completion of an alcohol treatment program.

At the hearing, when I questioned Bill, he responded convincingly. I also called a witness who testified favorably on Bill’s behalf. Upon completion of the testimony, I argued that Bill should be allowed to drive.

Once again, the hearing officer agreed and granted my request for driving privileges.

MICHIGAN DRIVER’S LICENSE REINSTATEMENT CASE NUMBER FOUR - Greg

Problem: Greg's Michigan driver’s license was revoked due to three prior drunk driving convictions. He had recently moved to Florida and was unable to get his license in Florida because his driver’s license was revoked in Michigan. Greg needed to get a clearance from Michigan in order to get a driver’s license in Florida. In order to obtain a clearance, he would have to prove the exact same thing a Michigan resident would have to prove in order to get his driver’s license. In short, Greg would have to prove at least 6 to 12 months of sobriety, that his alcohol problem is under control and will likely remain under control in the future, and that he is motivated to drive safely within the law.

Result: I convinced the hearing officer to issue a clearance of Greg's driver’s license so he could obtain a license in Florida.

The first step was to conduct a comprehensive interview. At the interview, I discovered that Greg got serious about his alcohol problem after his third DUI conviction. Greg attended intensive outpatient therapy which put him on the right path. He followed this up with more than five years of Alcoholics Anonymous attendance. He had been sober for five years. Further, Greg's life had completely changed for the better after he stopped drinking. Greg completed his education and got a good job. He was such a valued employee, that his employer had given him glowing reviews. Greg was recently married and his wife and family supported him in his effort to maintain his sobriety.

The next step was to obtain favorable evidence. I helped Greg obtain seven letters of sobriety from his family, friends and employer. These letters established his commitment to treatment, sobriety, improvement in his life after he stopped drinking and family support for his decision not to drink. A substance abuse evaluation indicated a high probability for continued sobriety. Also, the Dast and Mast test results were very favorable. These test results are important because they play a major role in determining the substance abuse evaluator’s diagnosis. We obtained the underlying test data to bolster Greg's case.

At the hearing, I submitted 15 exhibits to support Greg's case for a driver’s license reinstatement clearance. Some of the key exhibits were as follows:

1. Favorable substance abuse evaluation with a diagnosis of alcohol dependence in full remission with a high probability of continued sobriety
2. Favorable Dast and Mast test results relied upon by the substance abuse evaluator
3. Negative 10-panel drug screen
4. Successful completion of intensive outpatient alcohol treatment
5. Seven letters from family, friends and an employer
6. AA sign-in sheets

I next argued to the hearing officer that, given all of the favorable evidence, Greg should be allowed to drive.

Bottom line: The hearing officer granted my request and issued a clearance of Greg’s Michigan driver’s license so that he could obtain a license in Florida.

MICHIGAN DRIVER’S LICENSE REINSTATEMENT CASE NUMBER FIVE - Frank

Problem: Frank’s driver’s license was revoked due to four drunk driving convictions.

Result: I convinced the hearing officer to grant driving privileges to Frank.

At the initial interview with Frank, I learned that just prior to the sentencing of his final conviction, he became serious about charting a new life path that did not involve drinking. As a consequence, Frank had been sober for more than five years. He had successfully completed two courses of outpatient counseling. Frank had attended a significant amount of AA but he did not have the sign-in sheets and never had a sponsor. Further, he found the rational recovery approach to staying sober very helpful and used these strategies frequently.

When Frank was drinking, his grades suffered in college. However, during his five years of sobriety he had made significant changes and progress in his life. Frank obtained a college degree and was now seeking his first job in his field. What's more, he was recently married to a very supportive wife.

The next step was to obtain supporting evidence. A favorable substance abuse evaluation was obtained with a prognosis of “very good" for continued sobriety. Next, we obtained four letters of sobriety from family and friends. These letters illustrated Frank’s commitment to sobriety and changes made to his life once he became sober.

At the hearing, I submitted important evidence to the hearing officer:

1. a favorable substance abuse evaluation
2. a negative 10-panel drug screen
3. outpatient treatment records showing successful completion of counseling
4. four letters of sobriety reinforcing Franks claim of sobriety and new lifestyle
5. discharge statements showing successful completion of probation
6. academic transcripts showing excellent grades during the time in which Frank was sober

At the close of the testimony, I argued that Frank should be granted driving priviledges because of the favorable evidence.

Bottom line: The hearing officer agreed and granted driving privileges to Frank.

MICHIGAN DRIVER’S LICENSE REINSTATEMENT CASE NUMBER SIX - DAVE

Problem: Dave’s driver’s license had been revoked for 15 years. He had a total of five DUI convictions. Dave was unable to get a license in Arizona because he had never resolved his revoked license in Michigan. He now needed to get a Michigan clearance so that he could apply for a license in Arizona.

Dave had tried unsuccessfully three times to get his driver’s license on his own. He contacted me after he lost an administrative review appeal. As an out-of-state resident, he had the right to a hearing since he lost an administrative review appeal. The plan was to do a hearing in Michigan in order to obtain a clearance.

Result: I won the hearing and Dave was issued a clearance from Michigan so that he could get a driver’s license in Arizona.

I reviewed the documents Dave had submitted for the administrative review (he had hired me after he lost the appeal).The substance abuse evaluation he obtained in Arizona was inadequate because it was incomplete. Additionally, his letters were inadequate. I advised Dave of these problems.

To deal with this, the letters were revised to include additional important information. Additionally, Dave would fly into Michigan several days before the hearing in order to obtain a substance abuse evaluation from a qualified Michigan evaluator. This way, the evaluation would be completely and thoroughly filled out.

Dave had successfully completed four separate substance abuse treatment programs and had attended AA continuously since 2007. He has been sober since late 2004. The substance abuse report which was obtained in Michigan was very favorable indicating that he had an abuse problem which was in full remission and he had an excellent prognosis for continuing sobriety. A 10-panel drug screen was negative.

At the hearing, I provided 17 exhibits to the hearing officer in support of Dave’s case for driver’s license reinstatement. These included letters of sobriety, the substance abuse evaluation, and treatment records.

Dave testified to his sobriety, AA and family support network, and his solid work history since becoming sober. He also testified that he wanted a driver’s license so he could take care of his aging parents, resume his painting career, purchase a home, and possibly in the future, get married and have a family.

I urged the hearing officer to grant a clearance because of his sobriety, successful treatment, extensive support network, in and outside of AA, and likelihood that Dave would remain sober into the future.

The hearing officer agreed and granted Dave a clearance of his Michigan license so that he could obtain a driver’s license in Arizona.

Bottom line: Dave was issued a clearance so he could seek a driver’s license in Arizona.

MICHIGAN DRIVER’S LICENSE REINSTATEMENT CASE NUMBER SEVEN - TIM

Problem:Tim’s driver’s license had been revoked due to two drunk driving convictions. Also, Tim had a drug conviction. The challenge with Tim's case was minimal Alcoholics Anonymous attendance. Tim had only attended AA a dozen times. AA can be an important element in proving that your alcohol problem is under control because it provides a support group.

Result: Despite minimal AA attendance, I was able to win Tim driving privileges.

At the hearing, I presented the following favorable evidence:

1. substance abuse evaluation
2. negative drug screening
3. letters from four individuals all stating that Tim had abstained from the use of alcohol and drugs and had changed as a person
4. substance abuse counseling records showing completion of the program

Bottom line: The hearing officer was persuaded to restore driving privileges even though Tim had only attended Alcoholics Anonymous about a dozen times.

MICHIGAN DRIVER’S LICENSE REINSTATEMENT CASE NUMBER EIGHT - BECKY

Problem: Becky had a restricted license with an interlock (alcohol detector) in her car. After a year of use, she tried on her own to get her full driver’s license. Her request for a full license was denied. She was denied because the interlock device had detected alcohol on one occasion. The Secretary of State had suspected that she was drinking alcohol.

Result: I convinced the hearing officer that the high reading on the interlock was a result of Becky’s medication and that Becky had not been drinking alcohol. The alcohol detector had detected an alcohol level of over .09%. This would mean that if Becky had been drinking (which she hadn’t) she would have had approximately 4 to 5 drinks in her system. Given an alcohol elimination rate of about .015 per hour, it would've taken approximately 5 hours for Becky to burn off the alcohol. The key to Becky’s case would be found in the alcohol detector records. These records showed that the interlock device requested that Becky give 4 additional samples over the next 4 hours. All 4 of these samples were negative for alcohol. Thus, if Becky had consumed alcohol (and again she hadn't), all 4 of these samples would have been positive because the alcohol would have been in her system when the samples were requested.

Bottom line: After Becky’s testimony and my closing argument, the hearing officer was convinced that the medication triggered the high reading and that Becky had not been consuming alcohol. The hearing officer then granted Becky a full driver’s license.

MICHIGAN DRIVER’S LICENSE REINSTATEMENT CASE NUMBER NINE - LUKE

Problem: Luke had a revoked license because of two prior drunk driving convictions. Additionally, Luke had only attended AA one time. Overcoming this would be one of the challenges in this case.

Result: Despite only attending AA one time, I was able to get Luke's driver’s license privileges restored. At the hearing, I submitted to the hearing officer the following:

1. a favorable substance abuse evaluation
2. a negative drug screening
3. five letters confirming Luke's two years of sobriety
4. a certificate of completion of a 72-hour alcohol counseling/education program

Bottom line: The hearing officer was convinced and issued Luke driving privileges. The significance of this case is that it shows that AA attendance is not always necessary to win back your driver’s license.

MICHIGAN DRIVER’S LICENSE REINSTATEMENT CASE NUMBER TEN - RICHARD

Problem: Richard had a total of 9 DUI arrests. He had previously lost his license and had gone through a hearing and won his driving privileges back. However, after getting his license back, he started drinking again and was arrested for several more DUI’s. As a result, his license was revoked when he turned to me for help. The challenge here would be to overcome the high number of arrests (9) and also, to deal with the fact that he had previously been approved for a license only to incur several more DUI arrests.

Result: At the hearing, solid evidence of recovery was submitted:

1. AA attendance sheets documenting several years of attendance
2. 5 good letters of sobriety along with a letter from his sponsor
3. A letter from a person that Richard sponsors at AA
4. Treatment records showing successful completion of treatment
5. A favorable substance abuse evaluation showing that Richard’s problem was under control and would likely remain that way into the future

Bottom line: The hearing officer was convinced and granted Richard driving privileges.

YOUR MICHIGAN DRIVER'S LICENSE REINSTATEMENT CASE

Michigan In-State Residents
If you win your Michigan driver’s license reinstatement case, what can you expect? The hearing officer will grant you a restricted license and require you to install an ignition interlock device (an alcohol detector) in your vehicle for one year. A restricted license, for example, would allow you to drive to and from work. At the end of one year of successful driving, you will then be eligible for a full drivers license.

Out-of-State Residents
If you win your case for drivers license restoration, the hearing officer will issue a clearance of your Michigan drivers license. Once a clearance is issued, you may apply for a drivers license in your state of residence.