Birmingham Challenges in Restoring a License

There are obstacles and hurdles to overcome when attempting to get a driver’s license restored. Depending on the type of crimes or tickets that you have received leading to the revocation of your license, there may be a mountain of difficulties in receiving a full license again. There are issues concerning the amount of time since the offense, the severity of the charge, and the perceived likelihood of reoffending. All these factors and several more represent challenges in restoring a license in Birmingham. However, when a person hires an attorney to represent them while trying to get their license restored, they may have a better chance at convincing a judge they are fit to drive again.

The first issue is whether the time period has elapsed before the driver is eligible for the reinstatement of their driving privileges. There is no way in the State of Michigan to expedite the required waiting period. Although drivers may appeal the suspension, restriction, or revocation of their license, appeals in these cases are generally unsuccessful because they must prove that either the charge entered incorrectly or that it was not the correct person that the charges entered against.

For drivers who have lost their licenses because of tickets or because of open cases, they will not be able to get their licenses restored until they appear and handle those tickets and cases. Unfortunately, that also may indicate at that point, a new charge to the Secretary of State which could begin a new period of suspension or restriction or revocation depending on how those tickets are resolved. Further, if people have their license revoked for a crime arising out of alcohol or drug use, they are going to have to go through a process that requires them to prove their sobriety for at least one year.

However, many cases require much more than one year of sobriety in order to be deemed eligible for even a restricted license. Most people do not understand that they are going to have to prove by the legal standard of clear and convincing evidence that they are sober and intend to remain so for the rest of their lives. Unfortunately, these are only a few of the challenges in restoring a license in Birmingham, but an experienced criminal defense lawyer could explain more of the specific obstacles a driver may have to overcome.

Some cases will have a twilight date on the license revocation or suspension, there is no general determination of a lifetime bar on a license. Instead, when a license is revoked, it is taken away until the revocation period has elapsed, and the licensee decides that it is time to go in and attempt to regain their license. Once the revocation has been entered, it is the responsibility of the licensee to provide clear and convincing evidence that they will not re-offend.

In the State of Michigan, once a license is restored, the driver will have full privileges as if they had never lost their license. This differs from a restricted license which has conditions on when and where they may drive, but a fully restored license is like any other. Drivers must pay a fee of $125 to the Michigan Secretary of State in order to regain their license.

Understanding what the potential ramifications of traffic tickets or criminal charges are extremely important, but often quite difficult. The best-case scenario is to have a good attorney before any convictions or finding a responsibility occurs to try to avoid the most serious consequences and potential penalties.

It is very important that before you take a plea or pay a ticket, you consult with an attorney to understand your rights and the potential ramifications of this action. Working with an experienced attorney may help you prevent losing your license in the first place and therefore avoiding the challenges in restoring a license in Birmingham. Call an attorney today for help handling the secretary of state and getting your driving privileges reinstated.