Without a driver’s license, even the simplest of chores is an everyday struggle. Picking up your kids from school or getting stuff from the grocery store suddenly becomes difficult. Your family and loved ones take the everyday cudgels of transporting you from one place to another.
You really have to work on getting your life back on track by winning your driver’s license hearing. Because you only have one chance to request for it every year, you will have to think bigger and do better.
What is a Driver’s License Hearing?
A driver whose license was revoked due to any drunk driving offense in Michigan, must first request for an administrative hearing. File this request with the Michigan Administrative Hearing Section (AHS), formerly known as the Driver Assessment and Appeal Division (DAAD).
In a DAAD hearing, the driver has the burden of proving that he deserves to get this driver’s license back and drive legally once again around Michigan. Notably, he must support his claim with “clear and convincing evidence.”
Clear and convincing evidence in driver’s license hearings is different from “proof beyond reasonable doubt” in criminal offenses or proceedings. This amount or degree of proof required is lower than reasonable doubt. Nonetheless, it has to be greater than the preponderance of evidence in civil cases.
The driver must then prove that his drinking or substance abuse is now under control. Also, he has to clearly show that he won’t ever drive drunk or while under the influence of any regulated substance ever again.
Driver’s License Hearing Documentation Requirements
The preparation phase of your driver’s license hearing entails the submission of certain documents. As these are as important as the driver’s license hearing itself, you should make sure to accomplish every one of them.
Submitting original copies of well-written and accomplished driver’s license hearing documents is the first step in winning your driver’s license hearing. You should consider getting a competent attorney to help you through this phase.
- Request for Driver’s License Hearing
The Michigan State requires petitioner drivers to fill out a document known as the Request for Hearing form. They are then submitted through mail to the Michigan Department of State, or electronically via the Drive Appeal Integrated System (DAIS).
- Current Substance Abuse Evaluation
A Substance Evaluation Form must accompany the driver’s request for a hearing. If he hasn’t undergone such evaluation yet, he will need to be examined by a substance abuse counselor in his area.
At any rate, this evaluation must be taken within three (3) months prior to its submission.
- Notarized Letters
Apart from the Substance Evaluation Form, the driver must obtain additional documents showing his drinking and drug use history. The Michigan State requires notarized letters from certain individuals who can describe this.
These individuals may be any of the following:
- Driver’s family members or relatives, and friends;
- Church leaders (e.g., pastor);
- Employer;
- Local police, or;
- Recognized support groups.
The petitioner driver must ensure that these notarized letters contain the complete mailing address and contact details of the persons mentioned above. Also, the letters must be dated and state the following information:
- The relationship between the driver and the writer of the notarized letter;
- How long have the driver and the writer known other;
- How frequent they see each other;
- The writer’s knowledge of the driver’s alcohol and substance abuse history (e.g., choice of alcoholic beverage or substance, or frequency of drinking or substance use)
- The last time the writer knew of the driver’s alcohol or substance use;
- The writer’s knowledge about the driver’s treatment and support group, if any; and
- Other pertinent information about the driver
Win Your Driver’s License Hearing When You Get the Best Attorney
With the volume of documents the State requires before it can even grant you a driver’s license hearing, you will need a seasoned criminal defense attorney to guide you through everything.
Your lawyer should be someone who can help you anticipate how hearing officers will dispose of your case. He must be able to assist you on the nooks and crannies of your hearing preparation. He should be someone as invested as you are in winning your driver’s license hearing.
Thus, you should hire an attorney from The Clark Law Office. Calling us at +1 (517) 347-6900 or sending an email to info@theclarklawoffice.com is a wise move to get effective legal guidance and representation in Michigan.
