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Troy MI License Restoration Blog

Wednesday, December 24, 2014

JUST RELOCATED AND LOOKING FOR THAT MICHIGAN CLEARANCE FROM DAAD???

As I have indicated in earlier blogs, moving out of Michigan with a revoked Michigan license will not prohibit a petitioner from getting driving privileges restored. However, the act of moving to another State does change the playing field somewhat and the Hearing Officers do delve into it.

First, because of relocation to another State, the revoked driver/petitioner is petitioning for full driving privileges immediately. The difference is that the revoked Michigan resident driver/petitioner, 9 times out of ten, is  going to receive restricted privileges. The restricted phase, assuming there are no problems that “toll” the duration, will last one year.

Because of the difference in relief, the Hearing Officers scrutinize the intent of the relocation. It is my opinion, based on experience, that the Hearing Officers are suspicious of petitioners that are “relocated”. Obviously the timing of relocation will impact any suspicions one way or the other. That is, the closer the relocation to the petition date the more questionable the legitimacy of the relocation.  And perhaps suspicious is too strong of a word to use and it might be that Hearing Officers employ a higher degree of due diligence when faced with an out of State petitioner.

To state the issue more succinctly, Hearing Officers have dealt with petitioners who relocate to another State only to petition and get full driving privileges restored and then move back to Michigan (thus avoiding the hassle of having an interlock device on their vehicle for a year).

So the point of this article is to emphasize the importance of relocating for the appropriate reasons.

Moving because of the terrible Michigan economy could be legitimate but it helps if the person then has a job opportunity waiting. The petitioner should be able to show that the move is going to improve their quality of life. To help bolster that assertion it helps if the petitioner can show ties to the new community in some way. Maybe the petitioner can point to family members that live nearby or perhaps be able to talk about a spouse or fiancé that have attractive job offers there.

The bottom line is that if the Hearing Officer gets a bug in his bonnet about the legitimacy of relocation it could mean denial of relief.

Don’t get caught like a doe in the headlights. If asked, be ready with appropriate answers. I understand the issue (some attorneys are not even aware the issue exists) and know how to respond to it.

Call the Law Offices of Martin Lievois in Troy at 248-419-1566 or Flint at 810-250-2550.



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