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Troy MI License Restoration Blog

Wednesday, March 22, 2017

MAKING OR BREAKING YOUR CASE: SUBSTANCE ABUSE EVALUATIONS

Although there are many things a petitioner can "say" in a DAAD hearing that can screw up a bid for restoration of their driver's license, there are things you can "do" before you even get near a DAAD hearing office that will upend your quest for driving privileges.

One of the very first things my staff puts together is the petition form required to be submitted with a request for hearing. This form contains, when filled out, all of the petitioners past violations relating to substance abuse convictions. This is an exhaustive list which cannot contain any errors. This form is different, and, in addition to, the substance abuse evaluation form that must also be completed and submitted.

When these additional forms came out not to long ago, much, if not all, of the information required to be revealed was but a duplicate of much of the information contained in the "substance abuse evaluation".

One might conclude that this duplication of information is redundant and a waste of time. Perhaps. But when you consider the fact that it is but one more thing that the hearing officer can compare and if there are discrepancies then that can lead to a denial. These hearing officers are always trying to ferret out dishonest petitioners.

Remember, the standard of proof, or, put another way, the "proofs" bar that we must clear is "clear and convincing". This is a very high level of proof that the petitioner must present. One little error is enough to create a problem.

In addition to omissions/discrepancies on the petition form, as they relate to the information on the substance abuse evaluation form; if there are omissions on the substance abuse evaluation form itself, this creates an even bigger problem.

As it relates to discrepancies of information "between" the two forms, they can be explained away as typographical errors, as long as all relevant information is contained in the substance abuse evaluation form.

The substance abuse evaluation form information is compiled and then "evaluated" by a professional substance abuse therapist. The initial petition form is not.

Consider if the substance abuse form omits a drinking/driving conviction. When the evaluator bases his/her conclusions regarding the petitioner's sobriety and likelihood to remain sober on the information provided, if the information is incomplete, then the hearing officer can reasonably conclude that the evaluation is invalid as the evaluator may have come to a different diagnosis/prognosis had he/she been in possession of a complete history.

Clearly, attention to detail is paramount in this area of the law. The importance of these types of discrepancies can be lost on the unaware attorney who does not practice this area of law on a regular basis. These types of mistakes can be easily avoided by the trained eye. Don't blow your one chance per year on stupid and avoidable mistakes. Hire a seasoned attorney who is well versed in the potential pitfalls swirling around a license restoration attempt.

Call the Law Offices of Martin Lievois in Flint at 810-232-3223 or for more information about license restoration or other areas of law we practice, visit our website at:http://michiganlicenserestorationlawyer.com/flint-mi-troy-mi-license-restoration-lawyer_pa18131.htm


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

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