If you have lost your license because of multiple drinking and driving offenses, you may have heard that it is difficult to win your MI driver’s license appeal. This article will explain why.
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.”
“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.”
Author – James E. Czarnecki
Defending probation violations
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.
Author – Genevieve L. Taylor
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).
What is a 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.
Heroin possession is a serious charge often accompanied by an equally serious and dangerous addiction. Across the country the news reports on the opioid epidemic affecting many people. We have seen the effects of the epidemic first-hand in criminal cases. In many instances, prescription pill abuse often leads to heroin use. People turn to heroin because it is much cheaper to purchase than Vicodin. We agree with the courts that doctors over-prescribe prescription pills. For some, that is where the addiction starts. Prescription medication is very often the catalyst for heroin addiction.
The purpose of this article is to dispel some of the most frequent Michigan driver’s license restoration myths and misconceptions that I have heard over the many years of representing clients through the license restoration process. Unfortunately, a lot of misinformation gets spread around either by word of mouth or the internet. So, let us explain what is myth and reality.
CZARNECKI & TAYLOR are experienced Macomb DUI defense attorneys. We do, however, handle drunk driving cases in Wayne, Oakland, and St. Clair counties. We have seen many drunk driving cases over the years. Our experience, has shown that drunk driving cases are subject to some tried and tested defenses. The best way to beat a drunk driving offense is to have an experienced attorney recognize these defenses and know how use them effectively.
We at Czarnecki & Taylor handle many Driving While License Suspended (DWLS) cases. It seems a large part of the cases moving through the court system are for DWLS. I believe that the system tends to keep people in a vicious circle of costs. For example, a person gets a ticket, forgets to pay it, does not hire a lawyer to resolve the matter, or does not have the money to pay it. As a result, his or her license gets suspended. Eventually because the person needs to drive, he or she gets stopped and cited for DWLS. It never fails to happen. The cycle then continues. We want to break that cycle and relieve the stress of driving without a valid license. No one wants to drive while looking over his or her shoulder constantly.
“Do I need a lawyer for a traffic ticket in Michigan?” In short: yes. While a traffic ticket is not a criminal offense and does not have the risk of jail time the consequences of a traffic violation can have serious and costly repercussions.