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What Evidence Do You Need To Support Reinstatement Of Your Driver’s License?

September 4th, 2010

Let’s assume that you have a revoked driver’s license because you have multiple drunk driving convictions. You have decided to try to reinstate your driver’s license. What evidence can be submitted at your license reinstatement hearing?

You should understand that your hearing is very similar to a trial. Basically, a hearing officer acts as the judge. The hearing officer will listen to your testimony, reviews your evidence and ultimately makes the decision as to whether or not you will be given another chance to drive.

Your situation may be very different from someone else’s.  The evidence that you submit should be tailored to specifically support your case for restoration. Now, let’s discuss some common examples of evidence that may be submitted in support of your driver’s license reinstatement case.

One of your best choices is to have successfully completed an alcohol or substance abuse program and have the documentation to prove it to the hearing officer. This shows that you sought professional help and treatment for your alcohol problem. Don’t forget that the most important thing is to convince the hearing officer that you have your alcohol problem under control and it will stay under control. Treatment records help prove this.

If you have attended Alcoholics Anonymous, you will definitely want to submit these records. For example, let’s say you attended AA once or twice a week for a year and a half. You will want to submit all of your AA sign-in sheets. These records will be very helpful in documenting your commitment to staying sober. Most likely, you will have to demonstrate 6 to 12 months of sobriety prior to the hearing.

You will also want to obtain letters from a cross section of people such as family, friends, and coworkers (if possible).  A letter from an AA sponsor can be very useful in your hearing. These letters are important in convincing to the hearing officer that you’ve changed your ways, are now sober and are unlikely to repeat the act of drinking and driving in the future.  If you’ve made significant changes to your life after you become sober, the letter writers can also point this out.

One more important document is the substance abuse evaluation. You will want to obtain this from a qualified substance abuse evaluator. This is very important because your evaluator will render a diagnosis as to your condition. The evaluator will provide his/her opinion as to the probability of you remaining sober for the long haul.

You’re eligible for one hearing per year to reinstate your driving privileges. Thus, it is important to submit all evidence which supports your case.

Mark Langschied is a Michigan attorney/lawyer who practices in the area of driver’s license reinstatement. His website address is: www.marklangschiedlaw.com.

Disclaimer: The information you obtain in this article is not, nor is it intended to be, legal advice nor the formation of an attorney-client relationship. You should consult a lawyer for individual advice regarding your own situation.

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Proof You Need To Get Your Driver’s License Reinstated

July 17th, 2010

Here are the things you need to prove if you have had your driver’s license taken away and now you want it reinstated.
The key to restoration of your driving privileges is a clear and convincing demonstration of your sobriety and your commitment to remain sober.  Alcohol treatment programs can establish that you took your problems seriously, received professional help and ultimately straightened yourself out. Alcoholics Anonymous participation can establish your commitment with this exemplary program in your efforts to maintain your sobriety.
Next, you must convince the court that the chance of you falling back into a substance abuse mode again is vanishing small. A favorable substance abuse evaluation is very helpful.  For example, a substance abuse evaluator’s opinion that your chance of continued sobriety is “good” would help prove that you have a low probability of getting drunk again.
Third, you must demonstrate your commitment to abide by the law by adhering to all driving laws and, above all, drive safely. All of the things listed above are relevant here.  In addition, your testimony as to why you need to drive is important.  For example, perhaps you need a driver’s license to get a better job.
Finally, you must prove that you have been sober for 6 to 12 months before your hearing.  Your attestation as to the length of time you have been sober is crucial to your case.  Supporting letters from witnesses may also verify this.  Alcoholics Anonymous attendance can bolster your testimony.
Bottom line, you must have solid evidence and testimony to get your driver’s license reinstated.  The formal standard is that your case must be clearly convincing.  In short, your case has to be very strong.
Please note that every individual’s case is unique.  Each person will have to jump over the same legal hurdles to prevail.  But the evidence each person uses to jump over the legal hurdles will be different and varied. 
Disclaimer: The information you obtain in this article is not, nor is it intended to be, legal advice nor the formation of an attorney-client relationship.  You should consult a lawyer for individual advice regarding your own situation.

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Three Things You Can Do To Help Fight Traffic Tickets

July 12th, 2010

Here are three easy things you can do to shift the odds in your favor when fighting a Michigan traffic ticket.

1. Courtesy to the Police Officer

Your average traffic officer deals with many people in his or her typical eight-hour shift. A single officer can write a ticket every ten minutes with computerized ticket writing.  Most people receiving a ticket are angry, sad or upset.  That’s where some make a mistake.  They make a mistake when they quarrel or, worse yet, are rude to the officer.
The key, however, is to remain calm and not offend the officer. Treat the officer respectfully and politely. It’s a good idea to relate your version of the events to the officer in a respectful manner.
Why? Getting the police officer’s cooperation is often vital to getting a good outcome for your traffic ticket. If you are discourteous, the officer may write this on the copy of the ticket forwarded to the prosecutor. If the prosecutor sees this on the ticket, or if the police officer tells the prosecutor that you were rude, the prosecutor will often not offer you a reduction.  For example, the prosecutor will refuse to offer you a reduction to a zero-point infraction.

2. Fight Every Ticket

The Secretary of State keeps a database of everyone’s driving record. If you receive a traffic ticket conviction in a court, the court will, in most cases, send a record of your conviction to the Secretary of State so they can insert it to your driving record. Since your insurance company can view the Secretary of State records, this can cause costly insurance rate increases.

In my opinion, it’s important to fight every ticket. This is the only way you can possibly attempt to keep your driving record clean. Why? It’s important to recognize that prosecutors have a copy of your driving record when you go to court. If the prosecutor sees that you have received tickets on your record, she will be less likely to offer you a reduced ticket. It’s similar to individuals with criminal records. If it’s your first offense, you can often get a plea to a reduced charge. If you have prior offenses,it is harder to receive a reduced charge offer.

3.  Hire an Attorney that Regularly Handles Traffic Tickets
The saying “been there, done that” certainly applies in this case.  A traffic ticket attorney can be very helpful.  An attorney can try to negotiate a successful plea reduction or, if necessary, argue your case to the judge.

Disclaimer: The information you obtain in this article is not, nor is it intended to be, legal advice nor the formation of an attorney-client relationship. You should consult a lawyer for individual advice regarding your own situation.

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