QUESTION
Can I have an Administrative Review or must I be present in a hearing?
Asked on Nov 25th, 2013 on DUI/DWI - Michigan
More details to this question:
I have a Michigan restricted license. I received this in the year 2006 by properly going through all procedures to obtain this. I have had an Ignition Interlock on my vehicle for 1 year and since my vehicle was no longer functional, I had it removed. I have not driven, therefore, have NO driving violations. I get two different answers from the State. If I am a Michigan resident with one or more alcohol related convictions and was approved at a previous license appeal hearing, it says I am eligible. The other says, I am eligible if I am NOT a Michigan resident. It doesn't state that I am eligible, if I have a restricted license and whether or not I am a resident. I would like and Administrative Review but don't want to go through all this tedious work, money, and collection of materials, only to send it in, and it be denied, while also not receiving all my information back. I am frustrated and confused. Please help. Thank you.
1 ANSWER
Collections Attorney serving Okemos, MI
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Cindy Mannon, Attorney at Law
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You should have a hearing. It will be more expensive, more tedious and more paperwork than last time. You have to do everything you did last time, prove that you still have not drank since you got your restricted license. New substance abuse assessment, get your final report from interlock company, get drug test, letters in support of sobriety as well as letters stating you have only driven within your restrictions. The Secretary of State will review your previously submitted documents and you need to get a copy of everything they have. They will compare it to your new documents. Most people don't remember what they said last time and it is important to be consistent with your new paperwork. It will be more expensive than last time, if you have representation. A good attorney will obtain your previously submitted documents and make certain that you know what you said and that your next set of documents are consistent, because if you say something different than you said in 2006, you will probably be denied. Sorry, but I have done hundreds of these and I know that a 2nd time around can be harder than the first time, due to having to make certain you know what you told them when you received your first restricted license. They will be suspicious that you have not been in before and will think you have been drinking, so letters in support of sobriety have to be very good.
Answered on Dec 03rd, 2013 at 6:15 AM