Your lawyer will explain the assessment to you and may refer you to specialists in completing such an evaluation.
The SOS also stresses the benefits of providing letters of support from members of your community.
The SOS has specific requirements for the letters and your attorney will provide you with all the information you need to understand their importance, what they should include and how soon to obtain them.
An experienced attorney will walk you through the entire SOS hearing process and will explore additional steps you can take to increase the likelihood of your license reinstatement.
You shouldn’t wait for even a short time to begin working with your attorney to maximize your chances of success.
You can only benefit by starting the process of rehabilitation and restoration immediately after you’ve been arrested or charged with a crime.
Actions the SOS Hearing Officer Can Take in Your Case
At the end of the reexamination process, the SOS analyst can either take no action, leaving your license revoked, or your license can be reinstated with or without restrictions.
The factors that will go into the analyst’s decision include the nature and type of your violation, your driving record and your willingness to comply with recommendations and requirements that result from the process.
Appealing to the Circuit Court
At this point, if you disagree with the officer’s course of action, you may wondering, “can a revoked license be reinstated after the hearing officer had made a decision?”
It’s possible to make an appeal to the circuit court.
And if you’ve been practical, you’ve been working with an attorney up until now.
That will make it much easier to quickly file an appeal. Michigan law requires that you file an appeal within 63 days of the SOS decision.
Although the judge in the case that led to your conviction has no discretion about the effects on the SOS’s handling of your license, they have broad authority if you appeal the SOS decision.
The circuit judge has control of when your hearing will be held and how it will be conducted.
The judge may decide to listen to witnesses or examine evidence that wasn’t submitted to the SOS.
The judge also has the authority to reinstate your driver’s license, either with or without restrictions, or to send your case back to the SOS and grant you a new hearing.
Of course, the success of your appeal will be dramatically increased by a skilled, knowledgeable lawyer with extensive experience in this area of the law.
But, again, your early participation and cooperation will enhance your attorney’s efforts on your behalf.
To appeal to the circuit court, you will need to file a petition seeking suspension, revocation, or denial of your driver’s license.
However, an experienced attorney will not use the basic form.
Instead, they will prepare a comprehensive petition asking a circuit judge to decide in your favor.
They’ll also support your petition information and evidence that supports your claim that you can be trusted to resume driving.
Among the many factors your lawyer may address are your:
family history and ties to your community,
military service and whether you’re a veteran,
your current health and health history,
whether and to what extent you have participated in psychological therapy,
your current or past participation in volunteer activities, as well as any awards or honors you may have received.
Possible Arguments Your Lawyer May Make in Support of Your Petition to the Circuit Court
The most basic argument your lawyer must make in asking the circuit court to grant your petition is that the SOS hearing officer abused their discretion in deciding your case.
Your lawyer will also explain how your “substantial rights” have been prejudiced, or negatively affected.
As a general statement, those rights include rights guaranteed by the United States and Michigan Constitutions, and by Michigan statutes.
This part of the petition is the most technical and will be well understood by your lawyer.
If you don’t understand this part of the process, keep asking your lawyer to explain until you do understand.
The only bad question in working toward restoring your driving privileges is the one you don’t ask.
Since a revoked license can be reinstated, preserving evidence and preparing to fight traffic or criminal charges is always important.
However, when your situation involves an alcohol-related or drug-related offense, you can begin preserving evidence and preparing to fight for your license immediately and throughout the period of revocation.
You must make the decision to participate and cooperate with your attorney from the start.
Attorney Morris is trial lawyer who has been providing high-quality legal representation in the areas of state and federal criminal defense for more than 20 years. He’s known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he’s dedicated to attaining justice in every case, and is always prepared to successfully take on complex legal issues. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society, and is the only forensic lawyer-scientist in Michigan. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He’s also an active member of the National Association of Criminal Defense Attorneys and has graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris is consistently chosen as a Top Lawyer of Metro Detroit and for DUI/OWI and criminal defense by DBusiness Magazine and Hour Magazine. He has also been chosen as a Super Lawyer in Criminal Defense.