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Troy MI License Restoration Blog

Thursday, June 25, 2015

DOES YOUR SOBRIETY STORY MEET THE THRESHOLD FOR REINSTATEMENT??

License restoration, as far as the concept goes, is not rocket science; is the petitioner sober and is he/she likely to remain sober?!?

Everything from the testimonial letters to the substance abuse evaluation to the in-person hearing which we request and attend, focus on this one single issue. And the bar is set high for consideration for reinstatement. The proofs, in their entirety must be “clear and convincing” that in fact the petitioner is sober and likely to remain sober.

For the attorney that “occasionally” handles a license restoration case, often times, the attention to detail is not there simply because they are unaware of what is needed by way of solid proofs. Like the saying goes, “You don’t know what you don’t know.”.

I cannot tell you how many clients, after having gone through a failed attempt and now going through the process with me have said, “My old attorney never made me do this or told me about that…” Anyone can read the regulations and understand the meaning of the words, but to understand what the hearing officers want and how they want it presented is key.

I have rarely received a testimonial that needed no tweaking. The fact that the letter is signed, dated, notarized and within the 90 day window is fine, but, if the attorney does not review the letter for its content past the above mentioned requirements then a disservice is done to the client.

 Regardless of how many instructions are given to the authors of the testimonial letters, there is this weird propensity to launch off into how good of a guy the petitioner is, or how great his attitude is at work… (trust me, these revelations are not part of my instructions), and while these facts may qualify as fluff and can actually be a part of a letter, they cannot take the place of statutorily required content.

However, AFTER all required content is included; all fluff is fine, assuming it is appropriate.

The main point here is that the letters are some of the most enlightening testimony on behalf of the client and should be treated as such. Attorneys that do not fly spec them are not properly preparing their client. The problem with this is that the client will not know any problem exists until sometime during the hearing (when it’s too late to talk about it with the attorney or delete it from the letter).

Proper preparation on the part of the attorney will put the client in the best position for a successful license restoration petition. To talk to an attorney that NEVER cuts corners when it comes to preparation call the Law Offices of Martin Lievois in Troy at 248-419-1566 or in Flint at 810-250-4550.

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| Phone: 810-232-3223
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| Phone: 248-498-2525

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