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Troy MI License Restoration Blog

Monday, July 24, 2017

TESTIMONIAL LETTERS VS. IN PERSON TESTIMONY

After many years of conducting DAAD hearings I have come to the belief that "testimonial letters" are the best evidence a petitioner can provide for successful DAAD relief.

It is the rare occasion that I decide to offer in-person testimony at hearings nowadays. The reason is simple, people make mistakes. Especially when confronted with a stressful situation. Hearing officers are a suspicious lot and their job is to ferret out lies and liars.

Their questioning can, at times, can be aggressive. They will ask the same question in different ways and at different times to check for consistency. Of course all this adds considerable stress to the testifier....and creates a ripe environment for mistakes. 

Taking into account all the variables, I have decided long ago to forego live witness testimony.

A situation where the petitioner has had a number of failed DAAD hearings only makes the decision easier. In the unfortunate event that you have had more than one DAAD hearing,keeping the record straight can be a challenge.

Of course, most of my clients that are in this situation fail to maintain accurate records and are unable to find their past hearing "orders".

Rest assured the hearing officer has not lost the Secretary of State's copy. He/she will be comparing everything stated in past hearings to what is now being placed on the record. The record will be closely checked for inconsistencies.

Herein lies the biggest concern. Most times, the petitioner himself cannot remember what he said in past hearings. This will be crucial for witnesses testifying on the petitioners behalf because all testimony must be consistent.

None of these concerns are present when dealing with "letters". Letters cannot be cross-examined. In addition, they can be improved. I pour over these letters and make suggestions in order to focus the letters on what is important and what the hearing officers want to see. Usually a number of drafts are required but my motto is whatever it takes to make them be the best they can be.

To be clear, I do not "create" any evidence, I merely make it clear for the reader to understand what the writer knows about the petitioners sobriety.

And, even though I provide an outline of the salient information needed for each letter, friends that are chosen for the task invariably launch into what I call the "good guy letters". (Which, for the most part is NOT what the hearing officer is looking for.) NO WORRIES!! This is why I review letters and usually have the authors "tweak" them in order to convey to the hearing officer what is necessary.

Once I am satisfied with the testimonial letters the rest of the preparation is a breeze. If you want the best chances for your driving privileges to be restored call my office in Flint at: 810-232-3223.

If you would like to read more about my practice please go to my 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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