Driving Under the Influence (Alcohol, Drugs, OWI, High BAC)

Part 5 of 5: Michigan Driver’s License Restorations; The Decision of the Hearing Officer and Appeal Rights

June 3, 2011 | Abdo Law Firm

driving1[1].jpg

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 device. The driver will be able to drive on a restricted basis during certain designated hours or for a designated purpose, such as employment and/or education. In addition, the ignition interlock device must be installed for a minimum period of 1 year on the vehicle which is operated by the person. The ignition interlock is an alcohol monitoring device which requires breath samples of a person while one is operating a vehicle. The purpose of the ignition interlock device is to measure the bodily alcohol content (BAC) of an intended driver and to prevent the motor vehicle from being started if alcohol is detected.

If a revoked driver loses at the DLAD hearing, he or she will have 2 options: wait until he or she is eligible for another hearing before the DLAD (which is usually 1 year) or appeal the decision by the DLAD to the circuit court. Neither option is as satisfying as winning, yet there is hope that the person will improve his or her case for the next hearing and get back on the road.

If the party feels that the decision by the DLAD was erroneous, he or she may file an appeal in the circuit court in the county where the person resides. The circuit court judge cannot hear any new evidence and is required to limit the appeal based upon the transcript and evidence submitted at the DLAD hearing. A circuit court appeal can occur no sooner than 60 days after the DLAD hearing because a copy of the transcript must be ordered and provided to the circuit court judge. The DLAD is represented at the circuit court appeal by a representative from the Michigan Attorney General’s Office. A circuit court judge can overturn the decision by the hearing officer if it is: not supported by competent, material and substantial evidence on the whole record, and/or, arbitrary, capricious or clearly an abuse or unwarranted exercise of discretion. In addition, a circuit court judge may deny your appeal or remand your case to the DLAD for an earlier hearing.
Continue reading ›

Part 4 of 5: Michigan Driver’s License Restorations, The Hearing at the Driver License Appeal Division

June 3, 2011 | Abdo Law Firm

winter_driving[1].jpg

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 pertinent questions and become comfortable with the surroundings.

The hearings are held in many locations throughout the State of Michigan. Our firm regularly appears at the DLAD hearing locations in Clinton Township, Livonia and Port Huron. The hearings held at the Livonia DLAD are “live” hearings while the hearings in Port Huron are closed circuit video conference hearings. A party can present additional documentation-evidence on the day of the hearing at the Livonia location but not at the Port Huron location. All evidence must be submitted before the hearing at a location which employs video conferencing.

A hearing will be held in a small office with your attorney and a hearing officer in attendance. The hearing officer is an attorney who works for the Michigan Secretary of State. For all purposes, the hearing officer is the judge and jury. It is our job to present all of the evidence and testimony in an organized and persuasive manner. In addition, a closing argument to sum up the evidence and testimony presented at the hearing is often made after all of the proofs are presented. The hearing officer cannot award a restricted license to someone unless the burden of proof is satisfied by clear and convincing evidence.
Continue reading ›

Part 3 of 5: Getting Organized and Reviewing Questions Prior to the Hearing Before the Michigan Driver’s License Appeal Division

June 3, 2011 | Abdo Law Firm

driving29[1].jpg

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 handle driver license restorations on a case by case basis. Given that each driver license restoration case is one-of-a-kind, we may decline to represent a client who does not have a sufficient period of sobriety or advise the person to make specific improvements before we will go forward. If necessary, we may advise our clients to become involved in a relapse prevention program, attend AA or counseling for a few months before he or she obtains a substance abuse evaluation and other documentation.

After being retained for persons that we feel will meet the burden of proof, we will advise our client to get a substance abuse evaluation, drug test, character letters and other important documentation. In addition, we provide our clients with a template for the required character letters and recommend local licensed counselors who are best suited to provide the required substance abuse evaluation.

SCHEDULING A DLAD HEARING: Our job is to provide the documentation to the Driver License Appeal Division which will be used as evidence in the case and prepare our clients for the actual hearing stage of the case. In my opinion, the documents which are strategically selected provide an organized foundation for the hearing that will follow. When we receive all of the requested documentation/evidence, we will request a hearing. It usually takes 30 to 60 days for our clients to gather all of the required documentation.

The hearing date is scheduled by the DLAD from 4 to 6 weeks after it is requested. A notice of the hearing date will be provided by mail to the petitioner and attorney.
Continue reading ›

Part 2 of 5: Initial Preparation, Documents and Planning for a Michigan Driver’s License Appeal Division Hearing

June 3, 2011 | Abdo Law Firm

yamunaexpressway[1].jpg 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 prioritizing documents which will be submitted to the Driver’s License Appeal Division (DLAD). The evidence which is utilized will vary depending on whether a person is diagnosed as an alcoholic/dependent or an abusive drinker. It is important that a person understand that all evidence submitted for the purpose of a DLAD hearing, including all testimony, will be retained and recorded by the DLAD, and may be used in future hearings.

We are often able to find past documentation that may seem useless such as random alcohol/drug testing results, prior substance abuse evaluations or verification of counseling. On the other side, inappropriate documents or letters which are submitted to the DLAD can cast doubt on the case and devastate any chance of a license restoration for several years. Initially, our firm will ask for certain documentation to prepare for a DLAD hearing, including the following:

1. MASTER DRIVING RECORD: We need to obtain the lifetime history of drinking and driving cases along with all prior substance abuse offenses of the person seeking a license restoration. Therefore, obtain a master driving record from a Michigan Secretary of State office along with any other documentation pertaining to past criminal convictions which involve alcohol or drug crimes before you meet with an attorney. The DLAD will question a revoked person about all prior substance abuse convictions, including non-driving offenses such as minor in possession of alcohol (MIP) or possession of marijuana.

Part 1 of 5: Introduction; Michigan Driver’s License Restorations, Building a Mountain of Positive Evidence

June 3, 2011 | Abdo Law Firm

bus-driver-scs-software-s928876[1].jpg

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 resulted in a license revocation. In Part 2, I explain some preliminary matters and documents which are necessary in a driver’s license restoration case. In Part 3, I discuss the stage where we will organize documents, schedule the hearing and review pertinent questions which will be asked at the hearing. In Part 4, the hearing stage of a Michigan driver’s license restoration case is examined. In Part 5, I discuss the possible decisions by the hearing officer and the appeal option to circuit court for a person who loses a Driver License Appeal Division (DLAD) hearing. Our Macomb County lawyers are able to provide this information after many years of representing clients before the DLAD who have a license revocation due to multiple drinking and driving convictions.

The process to restore a license in Michigan is complicated. Most of our clients have waited several years before taking the first step in the Michigan driver license restoration process. In addition, we know that they have paid thousands of dollars to the courts, attorneys, substance abuse counselors and to the State of Michigan. Many others avoid the appeal process altogether because of misconceptions, financial problems or other obstacles. All too often we meet clients who are eligible for a Michigan license restoration but they continue to drive illegally resulting in extended periods of revocation. This is why a person who is eligible for a hearing before the DLAD should consult with a qualified lawyer to discuss his or her rights. Often, our firm will take on proactive clients several months before the eligible hearing date. We use this time to provide a client with relevant advice, planning and a strategy so that we are well prepared when the minimum revocation period expires.
Continue reading ›

42-1 District Court in Romeo Lists Fines and Costs For Drunk Driving and Criminal Cases

April 5, 2011 | Abdo Law Firm

The 42-1 District Court, located in the City of Romeo, has posted a list of possible fines and costs for various crimes. The list also contains a warning as follows: ALL FINES AND COSTS ARE DUE AT THE TIME OF SENTENCING, WE DO NOT GIVE TIME TO PAY. This warning is followed by strong language that failure to pay fines and costs will result in jail time.

The approximate range of fines and costs for a first offense Operating While Intoxicated (OWI) or Impaired Driving (OWVI) in the Romeo District Court is from $1,000.00 to $1,500.00. For a second offense, the range jumps to $1,500.00 to $2,500.00. This does not include other costs such as probation oversight expenses, substance abuse screening, driver responsibility fees, police/municipal response costs, random testing and substance abuse counseling. The driver responsibility fee for OWI is $1,000.00 per year for 2 years and for $500.00 per year for 2 years upon conviction of Impaired Driving.

The fines and costs for drinking and driving offenses in the 42-1 Court in Romeo tend to be on the high side but are consistent with fines and costs imposed in other courts such as the 41-B District Court, Clinton Township, which is also located in Macomb County. Information about other district courts located in Macomb County can be found at the county’s website.

Macomb Township man sentenced to prison after drunk driving accident in Harrison Township causes death

April 4, 2011 | Abdo Law Firm

A Macomb County resident was recently sentenced to serve 9-15 years in prison after pleading no contest to charges stemming from a drinking and driving hit and run which caused the death of a pedestrian. The defendant plead no contest to failing to stop at the scene of an accident, manslaughter with a motor vehicle and operating a motor vehicle while impaired causing a death. The charges of manslaughter with a motor vehicle and operating a motor vehicle while impaired causing a death carry a maximum of 15 years in prison. However, the defendant avoided a second degree murder case which could carry up to life in prison.

The case arises out of an incident which occurred on May 9, 2010. A man who left Gino’s Surf in Harrison Township struck a pedestrial walking along the side of the road. The accident was not reported until approximately 12 hours after the accident. Based upon the information provided, the police eventually found the victim in a ditch where the driver said he thought the accident occurred.

When the driver voluntarily turned himself in at the Macomb County Sheriff’s Department, he did not have any alcohol in his system according to an article in the Macomb Daily on July 14, 2010. However, the Macomb Prosecutor’s office was prepared to present witnesses who could testify as to the driver’s intoxication when he left Gino’s.

Plea Bargaining Criminal and Drunk Driving Cases

February 1, 2011 | Abdo Law Firm

The vast majority of Michigan criminal cases, as well as Macomb County criminal and drunk driving cases, are handled by plea bargains.

1. What is a Plea Bargain?

A plea bargain in a Michigan criminal case is a “deal” made with a prosecutor and defendant’s attorney. The defendant’s attorney is skilled to seek the best bargain or agreement to a lesser offense or to receive a less severe punishment. In exchange, the defendant will plead guilty pursuant to the agreement and give up his or her right to a jury trial to defend himself against the original crime charged. For example, most first offense Michian Drunk Driving cases (OWI) can be plead down to Operating While Visibly Impaired (OWVI). This plea bargain is quite common and the vast majority of first offense drunk driving cases are resolved in this fashion.

Michigan Driver License Restorations For Revocations Based Upon Multiple Drinking and Driving Convictions

June 4, 2010 | Abdo Law Firm

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 is known as a habitual offender of Michigan drinking and driving laws. The driver license restoration process is complex and lawyers with experience before the Michigan Driver Appeal and Assessment Division (DAAD) can greatly increase a revoked person’s chances of getting his or her Michigan driver’s license restored.

A first time revocation is for a minimum period of 1 year and a second lifetime revocation is for a minimum period of 5 years. A person whose license is revoked may not operate a vehicle indefinitely until the person is granted driving privileges before the Michigan Driver Appeal and Assessment Division (DAAD) of the Michigan Secretary of State.

Upon eligibility and after waiting the minimum revocation period, a revoked party may begin the process of license restoration. The revoked party, called the petitioner, must prove by clear and convincing evidence that the alcohol or substance abuse problems are under control and likely to remain under control. If a person fails to meet this high standard of proof, the revocation is affirmed and another hearing is allowed after one (1) year. Many times, I have seen documentation which is submitted to the DAAD that actually harms a client’s case and results in a continuation of the revocation. Our Michigan license restoration attorneys have obtained driving privileges for parties with 5 or more drinking and driving cases because we know the process, review the questions and make sure that all documentation submitted to the DAAD will bolster our client’s case.