Troy MI License Restoration Blog

Thursday, April 23, 2015

Habitual Offender Appeal Rights Under Michigan Law

The Secretary of State (DAAD) denied my request for license restoration. I'm considered a habitual offender; can I appeal this decision? 

Under Michigan law, the Secretary of State (more specifically the DAAD; Driver's Assessment and Appeals Division of the Secretary of State) determines whether a habitual offender is eligible to have his or her driver's license restored. For certain crimes, including repeat DUIs, a license revocation is mandatory and can last for a minimum of one to five years. However, the law does not mandate an indefinite license revocation, and drivers may be able to restore their driving privileges following a revocation review and reexamination. Unfortunately for some, the restoration attempt may not be successful, and the Department may order a continued period of revocation. In this situation, the petitioner may seek an appeal of this decision through a Michigan Circuit Court, which maintains exclusive jurisdiction over revocation appeals. 

To appeal the decision, the petitioner must submit a Petition for Reinstatement no later than 63 days from the entry of the Department’s decision regarding the revocation. In the Petition, the petitioner must give his or her reasons why the Department’s decision was invalid or unlawful, and the Circuit Court may overturn the Department’s final order only upon a showing of one or more of the following: 
 The Department’s decision was unconstitutional
 The Secretary of State exceeded its authority
 The decision was rendered based upon flawed procedure that placed a great hardship on the petitioner
 The denial was not supported by substantial evidence
 The Department’s denial was arbitrary or an abuse of power
 The denial was affected by a substantial error of law.

Unlike an administrative hearing where a petitioner may enter evidence and testimony, a Circuit Court appeal is limited to the record only. This means that the judge will review the evidence and transcripts from the initial hearing and make a determination based solely on this information, and the petitioner will not have an opportunity to present new or additional evidence.

If you are considering an appeal and would like to discuss your options with a knowledgeable license restoration lawyer in Michigan, contact Martin T. Lievois today by calling his Flint, Michigan office at (810)250-4550  or the Troy, Michigan office at (248)419-1566.

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