Michigan’s Shelter in Place is the Perfect Time to Get Your Driving Privileges Restored!

At the Barone Defense we help people who have lost their license due to multiple drunk driving convictions, and we continue to help people get their driving privileges back even during the Governor’s shelter in place order.  According to Ryan Ramsayer, the Firm’s driver license restoration expert:

This is a difficult and stressful penalty that can affect people’s lives for year after year. However, driver license revocation in Michigan doesn’t have to be a life sentence.

When Should I Try to Get my License Back?

We are often asked when a person should try to get their license back, and our answer is always the same; do it now. Of course, this answer assumes a person is currently eligible for driver license restoration, but even for those drivers not currently eligible, the answer to when to begin is the same; begin now. This is especially true after Michigan’s governor issued Executive Order 2020-42. With the State of Michigan effectively closed down due to Governor Whitmer’s stay-at-home lock down; many people are finding themselves with time to spare.  While this can be a scary time for all of us, it is also a golden opportunity to come out of this with driving privileges.  According to Ramsayer:

Besides, the cost of doing nothing, now that you have time on your hands you have a golden opportunity to get prepared. Otherwise, you are at risk of not being able to drive your family to the hospital if they are sick and show signs of a covid-19 infection.

While it may not be intuitive that a person who is not currently eligible for a license should nevertheless start the process, this advice makes sense when one considers the amount of preparation necessary to ensure success with the Secretary of State. It usually takes a long time to assemble and perfect a driver’s necessary evidence.  Inevitably, every step along the way can take much longer than anticipated.

Because the process of driver license restoration can be arduous, too often, people often procrastinate for years. This is unfortunate because this means that, year after year, this person will be stuck arranging rides and being a major inconvenience to spouses and family.  It also means years of missing out on children’s events, of not having a great job, all while taking the extreme risk of being stopped without a license.  Every day that goes by is a lost opportunity to finally take charge of your license restoration and get back your driving privileges.

How Does the Process Work?

If you are seeking a license you are called a “petitioner.”  As petitioner, you have the burden of proof. The rules for driver license restoration are both clear and complicated. As it relates to this burden of proof, the Michigan Secretary of State Rule 13 indicates that you must “rebut a presumption” that you are a habitual offender of the drunk driving laws and/or that you are an alcoholic.  The Rule further requires that your lawyer assist you in presenting “clear and convincing evidence” that this is not a valid presumption in your case.  Clear and convincing evidence is a difficult burden to overcome because it is the second highest burden of proof in our system, behind only beyond a reasonable doubt.

How Do I Meet this Clear and Convincing Burden? 

The Secretary of State is going to require the submission of letters proving your sobriety. There must be a minimum of three (3) letters, though you should plan to provide six (6) letters). These letters much all be consistent and must be very specific about your current abstinence.  Please note that the letters must be from people who know you well and see you often.  You will want to seek out people from your work, family, friendships, and support groups.

Additionally, you will need a Substance Abuse Assessment through a certified treatment provider.  They must have access to a 12-panel drug screen, which shows you are substance free.  You must fill out a form detailing your past use of alcohol and controlled substances.  If you have done treatment or AA, you will want to provide proof of that as well.  However, it is so much more than that.  This is where having a seasoned attorney is indispensable. Without the assistance of an attorney familiar with this process, even all the time in the world will not be effective.

While financially, this can be a difficult and uncertain time for everyone, we at the Barone Defense Firm are committed to working with you to get you back on the road.  We do offer payment plans to help, because we are all in this together. Make today the day when you stop living with the mistakes of the past and instead begin to embrace the future. Take a few minutes to call to speak to us to see if we can help.