By Attorney James Czarnecki|Czarnecki & Taylor PLLC|OCT 30,2022
To successfully win a Michigan driver’s license restoration hearing, it is important to understand the process and prepare accordingly. Summary of the Michigan driver’s license restoration process. The first step in preparing for a driver’s license reinstatement hearing is compiling all necessary documentation supporting your sobriety. This can include letters from friends or family members who are familiar with what happened and how you have changed since your OWI conviction, court documents that support the successful completion of probation, records from treatment programs you may have taken part in, letters of reference, drug screen, substance abuse evaluation report, and any other evidence that helps show that you have changed your life since your last OWI offense.
Any discussion of how to win a Michigan driver’s license restoration hearing must begin with the burden of proof. In a Michigan OHAO driver’s license restoration hearing, the burden of proof is on you, the petitioner. This means that it is your responsibility to prove that you deserve to have your driver’s license reinstated. The SOS will consider several factors when determining whether someone deserves to have their driver’s license reinstated.
You must overcome the ‘clear and convincing’ burden of proof to win a Michigan driver’s license restoration hearing.
In a driver’s license restoration hearing in Michigan, the burden of proof lies with the individual seeking to regain their driving privileges. To meet this burden, you will need to provide ‘clear and convincing’ evidence that you have changed your life in ways that will allow you to drive safely and responsibly.
Clear and Convincing Standard Defined
The clear and convincing standard is a legal term that refers to the burden of proof in a driver’s license restoration hearing. In order for an individual to have their driver’s license reinstated, they must show that they achieved sobriety and can safely operate a motor vehicle.
Clear and convincing evidence is the burden of proof that a party who asserts an affirmative fact or claim must meet.This burden of proof is higher than than a preponderance of the evidence but not as high as proof beyond a reasonable doubt.”
We can define the clear and convincing burden of proof as the requirement for one party to provide sufficient evidence to support their claim based on concrete facts, rather than speculation or opinion. This burden of proof is higher than what is typically required for most civil cases, where it may only be necessary to show that something is more likely true.
For Michigan driver’s license restoration hearings, clear and convincing means it is “substantially more likely than not” that your alcohol problem is under control and likely to remain that way. In a Michigan driver’s license restoration hearing, you must show that your sobriety is “substantially likely” to be true.
Since the SOS revoked for multiple OWI convictions, the SOS presumes that you have a drinking problem.
Since your driver’s license has been revoked for multiple OWI convictions, the SOS presumes that you have a drinking problem. Under Michigan law, and administrative rules, anyone with multiple OWI convictions is considered as a “habitual alcohol offender.” So, the law presumes you have an alcohol problem.
This presumption means that anyone filing a driver’s license appeal after multiple OWI convictions has a problem associated with alcohol. So, you need to overcome that presumption with clear and convincing evidence that the problem is under control and likely to remain that way if you want to regain your driving privileges. The appeal process overview.
Unfortunately, the SOS’s presumption of an alcohol problem of some sort is a fact that is overlooked by many people who represent themselves. Even attorneys make this mistake, as clients hire our team to fix errors after previous hearings committed by themselves or their attorneys. So, not understanding the presumption is a critical reason many Michigan driver’s license appeals are denied.
Many people will argue that it is unfair that the SOS legally presumes they have an alcohol problem. We understand people can have OWI convictions by making bad decisions to drive after drinking. But making bad decisions relates to the concept of an alcohol problem of some sort. As criminal defense attorneys, we know people make the wrong decision to drive after binge drinking. Further still, we see people charged with OWI who hardly ever drink. But the fact remains that because a person has more than one OWI conviction, the SOS presumes they have some problem as they present a risk after drinking and then driving. Here is the basis for the SOS presumption: the fact that a person has two or more OWI convictions within seven years -or earlier -means there is an alcohol problem of some sort.
The purpose of the SOS presumption and classification of someone with multiple OWI convictions as “habitual alcohol offender” is to prevent the person from getting behind the wheel either from an alcohol problem or from a problem with making the bad decision to drive after drinking.
Overall, the clear and convincing standard is an important part of driver’s license restoration hearings, as it helps ensure that drivers who are deemed unsafe or unfit to drive cannot have their licenses reinstated. However, it also places the burden of proof on those individuals who have made positive changes in their lives and wish to get their licenses back. While it may seem harsh, the SOS will prevent you from getting behind the wheel until you proved, by clear and convincing evidence, that you will be sober.
It is essential for anyone going through this process to be prepared, organized, and committed to demonstrating that they deserve a second chance behind the wheel.
How to meet the clear and convincing standard to win a Michigan driver’s license restoration hearing.
To meet this high standard of proof, individuals typically need to gather evidence from multiple sources, including statements from family members and friends who can attest to the progress they have made in treatment and how long they have maintained their sobriety, as well as documentation such as counseling records or attendance logs at support group meetings, substance abuse evaluations, and drug screens. You must provide evidence supporting your claim about your past substance abuse issues and show how successfully completing treatment has changed you.
You must show compliance with all probation orders related to your drinking or drug use, as well as proving that you have maintained an alcohol-free lifestyle for at least twelve months before your hearing date. The hearing officer will want to see by clear and convincing that you are no longer a risk on the road and can uphold your responsibilities as a driver. If you can do this successfully , you may regain your ability to drive.
Your testimony and evidence must establish that your alcohol problem is under control and likely to remain that way. That is how you win your hearing. Again, since you have been convicted of multiple drinking and driving offenses, the hearing officer assumes you have a problem with alcohol. The hearing officer will not grant driving privileges until you show clear and convincing evidence that you have been alcohol-free for 12 months and will remain sober in the future.
Also, you might bring in character witnesses willing to testify on your behalf. These witnesses can provide additional insight into your sobriety, which will help strengthen your case for getting your license back. These witnesses can attest to the positive lifestyle changes you have made to avoid alcohol.
The Michigan Secretary of State wants to know that you removed alcohol from your life. We cannot overstate this point. The SOS believes that since you have two or more drinking and driving offenses, you have a problem with alcohol. Consider that the hearing officer believes the police caught you two or times, but those were not the only time you drove drunk. The Secretary of State wants to avoid injuries, or worse, to other drivers and yourself. Through your evidence and testimony, you must prove that you will not drink again and will operate a motor vehicle safely.
Why is a Michigan license hearing difficult to win?
Czarnecki & Taylor approach for a Michigan license restoration hearing.
While the license restoration hearing uses the clear and convincing evidence standard, our office goes one step further. Our office wants to prove that you will stay sober beyond a reasonable doubt—the highest legal standard. If our goal is to overcome the highest legal burden, we will easily exceed the “clear and convincing” standard. While most attorneys try to achieve the “more substantially likely than not,” our office wants to prove that you will remain sober beyond a reasonable doubt. Our office does not want to do “just enough” to win.
We do more than necessary to win because hearing officers are aware of relapse statistics. They are skeptical because they know people may not be as forthright as they should be because they want to drive again. So, with this knowledge, our office believes that it is not enough to meet the SOS burden, we want to exceed it. We want to erase any doubt in the hearing officer’s mind.
To win the license restoration hearing, evidence of your sobriety must be detailed, clear, precise, and – truthful. The key to winning your license hearing. Since Michigan places the burden in a license restoration case on you, our office spends a great deal of time reviewing your evidence and preparing you to testify.
Conclusion
Ultimately, the burden of proof lies with you in a Michigan OHAO driver’s license restoration hearing. By being prepared, documenting any alcohol or drug-related incidents and working closely with your attorney throughout the entire process, you can increase your chances of successfully meeting this burden. If you are interested in learning more about the burden of proof in a Michigan OHAO driver’s license restoration hearing, consult with Czarnecki & Taylor today. We will answer your questions and help walk you through the process from start to finish.
The administrative rules place the clear and convincing burden of proof on you. With proper preparation, you can overcome that standard and drive again. Our office wants to “raise the bar” and exceed expectations by proving that you will stay sober.
Contact Czarnecki & Taylor
Call (586) 718-2345 to schedule your free initial consultation. We are available 24/7 and have weekend and evening appointments. Or you can contact us online for a prompt response.