Michigan Driver’s License Appeal – The most important key to winning your license hearing

Michigan driver's license appeal
When you work toward and maintain your sobriety you lay the foundation for the facts needed to win your Michigan driver’s license appeal hearing. Sobriety then, is the key factor in winning your license back.

Author – James E. Czarnecki

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.”

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“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.”

Administrative Rule 13

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Michigan Implied Consent Suspension – Driver’s License Lawyer

What is a Michigan implied consent suspension?

Michigan Implied Consent Law
Michigan Implied Consent Suspension

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.

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Clear and Convincing – Standard of proof at a Michigan license restoration hearing

clear and convincing standard and license restoration
You must overcome the “clear and convincing” standard in order to win your Michigan license back.

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.

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License Restoration in Michigan and Prescription Drug Use

Michigan Driver's License RestorationIn order to restore your Michigan driver’s license at an administrative hearing, you must prove to the hearing officer that your alcohol problem is under control and likely to remain under control. This requirement is specifically stated in Administrative Rule 13:

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