License Revocations and Appeals to the OHAO: I wanted to use this post as a forum to reflect on my vast experience handling driver license appeals with the Michigan Department of State, Office of Hearings and Administrative Oversight (OHAO). The OHAO was formerly called the Driver License Appeal Division or…
Articles Posted in Driver License Restoration
Interlock Ignition Devices: What They Are and How They Work
In Michigan, a common sanction by both the courts and the Secretary of State is the required installation of an interlock ignition device on the defendant’s (or petitioner’s) automobile. Colloquially referred to as a ‘blow and go’, these devices can be a tremendous headache for those required to install them.…
Tired Explanations Part 1: Cough Syrup, Second Hand Marijuana Smoke, and Other Excuses That Don’t Hold Up In Court
If you spend enough time in the back of a court room you will hear a few common explanations for positive drug and alcohol tests. Often when faced with a probation violation (or show cause while on bond, or if you are appealing to get your license back) defendants/petitioners will…
Driver License Appeal – The Risks of Going Unrepresented
Almost every week a very familiar scenario plays out in our office. A client will come in, sit down for a consultation, and discuss with us the facts of his or her license revocation history. Many times it will be the instinct of one of our Firm’s attorneys that the…
Part 5 of 5: Michigan Driver’s License Restorations; The Decision of the Hearing Officer and Appeal Rights
If a revoked driver (habitual violator of Michigan drunk driving laws) meets the burden of proof by clear and convincing evidence and wins at the first Driver’s License Appeal Division (DLAD) hearing, he or she will be allowed to drive a vehicle subject to restrictions and with an ignition interlock…
Part 4 of 5: Michigan Driver’s License Restorations, The Hearing at the Driver License Appeal Division
The final step in the Michigan driver license restoration process is the appearance at the hearing with your lawyer. The revoked party will be required to provide sworn testimony before the hearing officer. We like to meet with our clients at least 15 minutes prior to the hearing to review…
Part 3 of 5: Getting Organized and Reviewing Questions Prior to the Hearing Before the Michigan Driver’s License Appeal Division
ATTORNEY – CLIENT CONSULTATION, CASE PLANNING: When we meet with someone for the first time to discuss a new license restoration case, we take our time to review their substance abuse history, driving record, counseling history, lifestyle changes and plan for continued sobriety. Each person has distinctive circumstances and we…
Part 2 of 5: Initial Preparation, Documents and Planning for a Michigan Driver’s License Appeal Division Hearing
Our attorneys place a great deal of emphasis on the planning and preparation stage of a Michigan driver’s license restoration case. We prepare a driver’s license restoration case based upon several factors including one’s substance abuse history, diagnosis and prognosis. A large part of planning is organizing the evidence and…
Part 1 of 5: Introduction; Michigan Driver’s License Restorations, Building a Mountain of Positive Evidence
This is part 1 of a 5 part series which is dedicated to the topic of driver’s license restoration cases in Michigan. In this extensive series, I provide insight as to how our attorneys build a strong foundation of positive evidence which will moderate or diminish the bad choices that…
Michigan Driver License Restorations For Revocations Based Upon Multiple Drinking and Driving Convictions
In Michigan, there are many circumstances which can result in revocation of driver’s license. A person’s license is subject to mandatory revocation for obtaining 2 drinking and driving convictions within 7 years or 3 drinking and driving convictions within 10 years. A person who is revoked for drinking and driving…