By Attorney James Czarnecki|Czarnecki & Taylor PLLC|Nov 2, 2022

If you lost your Michigan driver’s license hearing, you may be able to appeal the Michigan Secretary of State license denial to the circuit court. The written order issued by the hearing officer may show that the hearing officer abused their discretion and improperly denied your license privileges.  This article explains how to appeal the denial to the circuit court for relief.

After a denial, you must wait another year before you can file another appeal to the Secretary of State.  However, Under MCL 257.323(4), the circuit court can set driver’s license denial orders aside for various reasons.  The court can set aside the denial if the order is:

• In violation of the Constitution of the United States, the State constitution of 1963, or a statute.
• In excess of the Secretary of State’s statutory authority or jurisdiction.
• Made upon unlawful procedure resulting in material prejudice to the petitioner.
• Not supported by competent, material, and substantial evidence on the whole record.
• Arbitrary, capricious, or clearly an abuse, or unwarranted exercise, of discretion.
• Affected by other substantial and material error of law.

The circuit court appeal process.

The Secretary of State hearing officer will send you the denial order in the mail. The order will contain the hearing officer’s reasons for the denial.  If the hearing officer’s order violated one of the six principles listed above, you could appeal your driver’s license denial to the circuit court.

Note: You cannot skip the license appeal hearing and go directly to the circuit court. You must first file for and attend the Secretary of State hearing.

File the Claim of Appeal in the Circuit Court for the County Where You Live

A person may file an appeal with the circuit court for relief from a final decision by the Secretary of State in their county of residence.  There are strict deadlines.  Appeals must be filed in the circuit court within 63 days after the decision was made.  However, that time can be extended if “good cause” can be shown.  If good cause is established, the court may allow the filing the appeal within 182 days.

The claim of appeal must include the person’s full name, last 4 digits of the driver’s license number, current address, and birth date.  You must also include the final order from the SOS and a certificate that the transcripts have been ordered.

The claim of appeal must be served on the Michigan Attorney General’s Office located at 430 West Allegan Street, P.O. Box 30196, Lansing, MI 48909-7696.

The Hearing Transcripts Must be Ordered from the SOS

To support the arguments made in the brief, you will need the official record of the hearing.  The transcripts contain the complete record of your testimony.  A thorough review of the denial order, transcripts, evidence, and your testimony will form the basis of your appeal.

It takes approximately 50 days to receive the transcripts.  A request for a transcript of a driver license appeal hearing should be sent to:

Michigan Department of State
Administrative Hearings Section
P.O. Box 30196
Lansing, MI 48909-7696
1-888-SOS-MICH (1-888-767-6424)

However, you may also file your the request for transcripts through the SOS electronic filing system.

Who Represents the Secretary of State

Depending upon the jurisdiction, the State of Michigan will be represented by the local prosecutor’s office or the attorney general’s office.  The state will file a written response and appear in court for the argument.  The state will support the hearing the officer’s decision.  However, the ultimate decision is up to the judge.

The Circuit Court Appeal Brief

To successfully appeal your Michigan driver’s license denial in circuit court, you must show that the hearing officer made a mistake.  While most hearing officers are very thorough, a denial order will often contain errors that entitle you to relief.  This means that the hearing officer made a mistake that should allow the court to reverse the hearing officer’s denial.

The legal arguments contained in the appeal brief must use the testimony and evidence presented at the OHAO  hearing to refute the hearing officer’s denial order.  A significant change in the law allows the court to consider supplemental evidence not presented at the initial hearing. After the briefs are filed, but before the appeal hearing date, the circuit court judge will review the denial order, legal briefs, and hearing transcript.

The parties will attend the hearing where the court will listen to oral arguments. The court may either make its decision on the record or issue a written order.

The SOS denial may be set aside by the Circuit Court only if your substantial rights have been prejudiced according to one or more of the above-mentioned factors.  A successful appeal must be based on legal errors and an abuse of discretion by the hearing officer.  The circuit court judge cannot substitute their judgment for the hearing officer’s judgment. But, again, the circuit court judge can reverse the denial upon a finding that the hearing officer abused their discretion.

The circuit court standard of review for license appeals

The circuit court reviews the hearing officer’s denial order for an abuse of discretion. An “abuse of discretion” is defined as an arbitrary, capricious or clearly unwarranted exercise or abuse of discretion. MCL 257.323.

Relief granted by the Circuit Court

When the circuit court issues its final decision, the court can take the following actions:

• uphold the decision of the hearing officer
• remand for an immediate hearing (usually within 60 days);
• grant a full license
• grant a restricted license with an interlock device

The court does not usually uphold the hearing officer’s denial.  If the denial resulted from your first hearing at the SOS, the court typically remands for a new hearing at the SOS.  This benefits you because you do not have to wait another year for an administrative hearing. Usually, you can save six or more months.

The circuit court can grant you a restricted license, the same as if you had won your hearing. While the circuit court can grant full driving privileges it also has the authority to grant restricted privileges. If the court grants you a restricted license, you will be required to install an interlock device (BAIID) in your car for 1 year.

Do not represent yourself at the hearings.

You should not represent yourself at the SOS hearing.  That also includes the appeal to circuit court. Hire a lawyer.  Expertise counts.  Read why it is difficult to win a Michigan driver’s license appeal.

In nearly all of the driver’s license appeals that our office does when someone has represented himself or herself, or hired an inexperienced lawyer, mistakes were made the could have been avoided.  The errors could have been avoided with proper preparation and representation.

The Benefit of Hiring a Michigan Driver’s License Appeal Lawyer

Our office has successfully appealed many license denial cases to circuit court.  As license restoration lawyers we have been able to find the errors that allowed our clients to drive again.  An experienced lawyer knows how to challenge the hearing officer’s denial. 

Over the two decades of experience litigating license appeals in circuit court we have developled a formula for success. One of the most important skills that our team has developed when writing appellate briefs is our ability to be concise and persuasive. When we write an effective appeal brief, we carefully craft our arguments in a clear and compelling manner, while also being sure to avoid any superfluous information or unnecessary details. Additionally, we always ensure that our writing is organized and well-structured so as to make it easy for the judge to follow.

Ultimately, our key to writing a successful appellate brief over the years is to approach the task thoughtfully and strategically, taking into account each case’s unique circumstances while also focusing on what will resonate most with the court and making the strongest possible arguments on your behalf. By doing these things effectively, we can write a persuasive appellate brief that increases the likelihood your success at the circuit court.

Contact Czarnecki & Taylor

Do you need to appeal a denial order? We can help. Czarnecki & Taylor attorneys will handle your case with care and help you through every step of the process. For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.