Overcoming Unique Challenges in License Reinstatement Cases

Restoring a revoked license is especially difficult in Michigan.  Not only are there several minimum requirements to prove and tons of paperwork to complete, but often times there are “obstacles” in the way of success. Every day, a frustrated applicant calls our firm wondering why they lost their appeal or why they can’t even get a hearing.  They have presented problems like this:

“Can I have a license appeal hearing if I am still on Court Probation?”

“What if I have a pending criminal or traffic case, can I still apply for restoration?”

“What if I use medical marijuana (or other prescriptions), am I eligible for a license?”

The Secretary of State Licensing Division (called OHAO) is notoriously tough on people seeking to restore their license, especially after repeat substance abuse convictions.  If you’re still on probation for an underlying criminal offense, your chances of success are typically very low.  Why?  Because OHAO wants to see “self-directed” sobriety as opposed to court-ordered sobriety.  Even though an applicant may be perfect probationer with long-term abstinence, they often face an uphill battle with a majority of the OHAO hearing judges.

Similarly, an open criminal or traffic case often disqualifies or reduces a person’s chance at success.  Why?  Because many new criminal cases involve substance abuse or dangerous behavior, which shows the person is not a low risk to reoffend (one of the elements of a license appeal).  Also, If there’s an open traffic case, that typically means that a person has continued to drive despite the revocation or suspension. As a result, that not only shows OHAO the person is a risk, but also subjects them to a longer waiting period to even apply for a hearing.

An applicant for a license appeal in Michigan generally has to show they have 12 months or more of continuous abstinence from alcohol and controlled substances. When a person uses a prescription drug or even medicinal marijuana for a health problem, they encounter a difficult obstacle at their restoration hearing. Why? Because many of the OHAO Hearing Judges see this as a risk to relapse on alcohol or other illegal controlled substances.  To be candid, many of the Hearing Judges are skeptical about marijuana use in general, so they’re reluctant to grant relief when a person uses THC even for a valid medicinal reason.

None of these obstacles are “fatal” to a successful license appeal, and our firm has a long, proven track record of winning tough cases. They’re common issues that must be accounted for when preparing a hearing, and a person facing them should not trust their chances with an inexperienced license attorney or a firm that “dabbles” in license restoration cases.  

For any license reinstatement case throughout Michigan, please contact Dan Geherin and his team at MiLicenseAttorney.com.  They’re available 24/7, they know the process inside and out, and they’ll fight zealously to restore and reinstate your Michigan license.  

For more information or to schedule a consultation, call 24/7 (734) 263-2780.  

We’re the key to putting you back in the driver’s seat!