Almost every traffic offense that is a misdemeanor or felony carries the potential of suspension or revocation. In most cases, a first offense causes a suspension where the driver’s license is for a short period of time, only requiring time and a small fee to have it reinstated. Sometimes this suspension is followed by a period of restrictions on the license, setting strict conditions on your ability to drive.
However, with the help of an experienced traffic attorney, it may be possible in many of these situations to push for a restricted license in Birmingham. While these licenses have many restrictions, it might allow you to continue to take care of your family and work. If you are facing a license suspension, working with a dedicated legal team could help preserve your rights and see you through this difficult time.
When a Restricted License May Be AvailableThere are many different distinct circumstances in which a regular license or a hardship license is available. However, hardship licenses are generally uncommon in the State of Michigan as most decisions by the Secretary of State are automatically made upon the entry of a traffic charge or ticket. In many of the cases that are eligible for a restricted license in Birmingham, they will also be automatically granted.
Notification of a license restriction is generally sent to a driver through the mail by the office of the Michigan secretary of state. Restricted licenses generally allow someone to drive when necessary for work, school, probation and court appointments, and to regular medical appointments for serious medical conditions for them or close family members or other residents of their household.
Unfortunately, this does not usually allow people to drop their children off at school and does not encompass everyone’s needs. However, there is the availability of a hardship petition to the circuit court. If there is an implied consent violation after a hearing but it is determined that the suspension should be enforced, it may be possible to go to the circuit court in the jurisdiction that they were arrested in and request a license. However, depending on which circuit court judge they get, and the record that they have, that license could be greater than or equal to what is normally issued under the Secretary of State.
In most cases, the license restrictions granted by the jurisdiction’s judge is much more restrictive than what the secretary of state automatically imposes. Some restrictions may include further rules about where and when someone may drive as well as mandate the use of a blood alcohol ignition interlock device (BAIID).
The Steps for Receiving a Restricted LicenseUsually, a restricted license is given automatically via mail, but in certain cases such as operating while intoxicated with a high BAC, drivers may have their license suspended but be informed after 45 days, that they may obtain a restricted license at the Secretary of State branch office by showing proof that they have installed ignition interlock into their vehicle. In most cases, the actual restricted licenses will come to them in the mail like normal. If there is a certain case such as an implied consent violation, obtaining a restricted license may require drivers to petition a circuit court judge. This process almost always requires the help of an attorney as fighting for a restricted license in Birmingham is complex if it is not automatically granted.
License Restriction is a Serious Consequence in BirminghamA restricted license does not allow travel everywhere, every day, every time. Instead here in the State of Michigan, whether the restricted license is generally available is based on place as any deviation from acceptable routes between permitted locations may lead to trouble. What it allows is easy enforceability by law enforcement. If a driver is not on the shortest line of travel between two places they can go, they may easily be charged with driving on a suspended license which could lead to even more serious and permanent ramifications.
If you have been charged with a traffic violation that will lead to a restricted license, it is essential to know your rights, but also your limitations. There are severe consequences for violating the terms of restricted licenses in Birmingham. If you have been issued a restricted license, it is imperative to consult with a seasoned traffic attorney who is familiar with the local courts. They could advise you if easier restrictions may be possible and clarify what you can and cannot do. Call today to learn more.