In a Michigan Driver’s License Appeal there is one key that is the most important path to winning the license restoration hearing – your sobriety.
The Administrative Rules require absolute sobriety. Please take note of the requirements of Administrative Rule 13:
“(a) The hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves, by clear and convincing evidence, all of the following: (i) That the petitioner’s alcohol or substance abuse problems, if any, are under control and likely to remain under control. (ii) That the risk of the petitioner repeating his or her past abusive behavior is a low or minimal risk.”
“Before ordering that a license be issued to the petitioner, the hearing officer shall require that the petitioner prove, by clear and convincing evidence, that he or she has completely abstained from the use of alcohol and controlled substances, except for controlled substances prescribed by a licensed health care professional, for a period of not less than 6 consecutive months or has abstained for a period of not less than 12 consecutive months if the evidence considered at the hearing establishes that a longer period of abstinence is necessary.”
As a Macomb County criminal defense attorney, our firm has represented over a thousand clients charged with probation violations. This article explains how an experienced Macomb County criminal defense attorney can defend you at a probation violation hearing.
A sentence of probation is a creation of the Michigan Legislature. You do not have a right to probation. For your reference here is a link to the Michigan Probation Statute. Since a probation violation can result in serious consequences, your attorney should know the various ways to defend you.
What you can expect at a Macomb County Probation Violation.
In Michigan, a person my be placed on Macomb County probation after a conviction. The Michigan Legislature has stated that “the granting of probation is a matter of grace conferring no vested right to its continuance.” Essentially, the law states that a defendant is not entitled to probation as a matter of right. The court has the ability to revoke a probationary term if the probationer violates any of the terms set by the court. Revocation of Probation Statute. This article describes what you can expect from a Macomb County probation violation. (Although the article applies to probation violations in any county).
Habeas Corpus – Responsibilities and Duties of the trial lawyer
Definition: Latin for “you have the body.” The writ of habeas corpus is a petition that directs state law officials (for example, warden) who have custody of an inmate to appear in court to determine whether the prisoner is being held unconstitutionally.
The federal writ of habeas corpus is often the final chance for a defendant to challenge his or her conviction in federal court after the Michigan state courts have denied relief. The writ of habeas corpus for a state inmate challenging a state conviction is governed by 28 USC 2254. Link to Habeas Statute
This article is going to discuss habeas corpus petitions filed by state
prisoners in federal court pursuant to 28 USC § 2254 wherein a Michigan prisoner asserts that his or her incarceration or detention by Michigan state officials violates one or more federal constitutional rights.
Most importantly, this article will explain why the trial attorney must preserve any federal issues for appellate review.
If you are applying for a Michigan Driver’s License Restoration hearing, one of the many pieces of evidence required include reference letters. This article will explain the proper content of the letters and how our office reviews those letters before submitting them to the Administrative Hearings office.
If you refuse an officer’s request to take a chemical test you will receive a Michigan implied consent suspension. Most people do not realize that when they apply and receive a Michigan driver’s license, they implicitly agree to take an alcohol test when requested by a police officer after an arrest for a drinking and driving offense.
In this Michigan criminal appeal we challenged the client’s convictions for assault with a dangerous weapon. The Michigan Court of Appeals reversed the defendant’s three felonious assault convictions, affirmed the remaining, and remanded the case to the trial court for resentencing without consideration of the three reversed convictions.
The strongest argument in this case had to do with the client’s 3 convictions for assault with a dangerous weapon. We argued that the prosecutor had presented insufficient evidence for a reasonable jury to find that he possessed a dangerous weapon. The gun used in this case was not real.
Is Drinking After Driving a defense to a DUI/OWI? Everyone knows about driving after drinking. But, what happens if the police do not stop a person at the scene but some time later after the person had been at home drinking. This article explains the details of the drinking after driving defense.
CZARNECKI & TAYLOR successfully appealed our client’s wrongful convictions in the Michigan Court of Appeals and Supreme Court. The Courts overturned our client’s 4 convictions. Following a jury trial, our client had been convicted of four counts of third-degree criminal sexual conduct, MCL 750.520d(1)(a). The trial court sentenced the Defendant to 5 to 15 years’ imprisonment for each conviction.
The clear and convincing standard is the burden of proof that you must overcome in order to win your license restoration hearing. Your testimony and documentary evidence must establish by clear and convincing evidence that any alcohol problem is under control and likely to remain that way.