woman in a car pulled over

Appealing a Denial of Driving Privileges

Obtaining the right to drive is a big milestone in most people’s lives because it signifies a step toward adulthood and the ability to travel far and wide. In addition, having a car, and the license allowing a person to drive it, is almost a necessity in some locations due to a lack of other transportation options and the large distance between places. While having a driver’s license may feel like a right, it is in fact a legal privilege, one that can be suspended or completely taken away. It is possible to have a revoked license restored or reinstated by the Michigan Secretary of State, but your odds of being successful are much higher if you hire a criminal defense attorney to handle the matter for you. Criminal law attorney John Little won his client reinstatement of his driver’s license after being told no by the state for eight years and will fight to do the same for you. Not having the ability to drive can have far reaching and serious consequences in a person’s life that can risk employment job at risk if another alternative is not available or it interferes with his/her ability to get a child daycare or school. Understanding when the state is authorized to take your license away and how to appeal for reinstatement will help more effectively work with your attorney to get your license back.

When is a License Suspended or Revoked?

You might think a driver’s license will be only be invalidated for violations of law related to driving, but that is not always the case. Many states, Michigan included, will suspend licenses as a penalty for non-driving violations such as non-payment of child support, drug convictions and possession of alcohol by someone underage. Other reasons the state can take away a license are likely more familiar to most people: accumulating too many points for traffic violations or serious crashes, driving under the influence of alcohol or drugs, failing to respond to traffic ticket, or driving without car insurance. Suspension or restriction on the use of a license is not required on all these situations, and a good criminal defense lawyer will be able to successfully fight to avoid or limit such a penalty. Criminal law attorney John Little, working with clients in Troy, Ferndale, Utica and the surrounding areas, has handled license restoration cases for years, and knows what to do help you get your driving privileges back.

How Do You Appeal?

License suspensions can be for either a set period of time or indefinitely. If you want to challenge a suspension or denial, the first level of appeal is to the administrative driver’s license board. At this phase, you can present evidence of how the circumstances that led to the initial suspension or denial are no longer present, and the steps the person has taken prove he/she now has sufficient responsibility to drive. It is important to present a strong defense at this stage because the next level of appeal, the circuit court, you cannot present new evidence, and the court’s entire decision is based on the record created at the board hearing and review. However, it is especially important to make a strong appeal to the circuit court because the petitioner must show the state somehow violated his/rights or made a legal error in its decision. Having an experienced criminal defense lawyer in this situation is essential because he/she needs to know the importance of a strong appeal to overcome a denial of driving privileges and how to most effectively argue for their client’s position. Attorney John Little has this experience and knowledge and will fight for you.

Seek Legal Help

Not having a valid driver’s license can devastate a person’s financial and social opportunities. Working with an attorney to get this important privilege back is key to winning your case. Little & Boylan, PLLC represents clients throughout Southeastern Michigan and can help you tackle this hurdle. Contact him at (248) 809-1402 to schedule a free phone consultation.