Super Lawyers
Justia Lawyer Rating
The Best Lawyers in America
Avvo Clients' Choice
Avvo Rating 10.0
National College for DUI Defense
National Collage for DUI Defense
American Council Of Second Amendment Lawyers
Avvo Clients Choice Award
Avvo Rating
Trial Lawyers University
Best Lawyers
James Publishing Author
Super Lawyers
Trial Lawyers College

Grand Rapids Appealing a License Suspension Hearing

Michigan drivers have the right to appeal a Hearing Officer’s denial of their petition for restoration of driving privileges. These appeals take place in the Circuit Court. Such an appeal may or may not be in the driver’s best interest. Here are some things to keep in mind when you and your attorney decide whether or not to appeal a Grand Rapids DUI license suspension.

Standard of Review

First, you should understand that the “standard of review” is de novo for questions of law, and clearly erroneous for questions of fact. Questions of law are things that must be decided by an application of a legal standard. So, with questions of law the issue for the Circuit Court would be whether or not the Hearing Officer applied the law correctly. The Latin term “de novo” basically means “from new,” meaning that the Circuit Court Judge starts from scratch in answering this question. The “clearly erroneous” standard is a very high one, and one that is not easily overcome. This means that in applying this standard to the facts of your case the Circuit Court Judge will be highly deferential, and will not disturb the ruling unless he or she has a definite and firm conviction that the Hearing Officer was wrong.

Statute Requirements

The Michigan statute that discusses these matters is M.C.L.A. § 257.323. Section (4) of the statute provides that the Circuit Court may review the record and set aside the Secretary of State’s determination if your “substantial rights” have been prejudiced because the determination is found to be:

  1. In violation of the Constitution of the United States, the State Constitution, or a statute;
  2. In excess of the Secretary of State’s statutory authority of jurisdiction;
  3. Made upon unlawful procedure resulting in material prejudice to the petitioner;
  4. Not supported by competent, material, and substantial evidence on the whole record;
  5. Arbitrary, capricious, or clearly an abuse or unwarranted exercise of discretion, or;
  6. Affected by other substantial and material error of law.
Timeframe of An Appeal

Appeals must be filed within 63 days of the final determination or 182 days if there is good cause (i.e.: waiting on transcript). The Secretary of State must have 50 days notice prior to the hearing date at the Circuit Court.

So the bottom line is this: it is very difficult to win an appeal from an unsuccessful driver license restoration hearing.

Also, here is a word of caution for you. If you lose on appeal the one-year waiting period does not begin to run until after the Circuit Court has issued the denial. In other words, if you have to wait for a transcript and don’t file your appeal for six-months, then lose, you’ve just added six-months to your waiting period. On the other hand, you or your lawyer can always ask for the Circuit Judge to order the Secretary of State to conduct a hearing before this one year period has elapsed.

Either way, there certainly are risks involved, or you should discuss these with your lawyer before you decide how best to proceed.

Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Criminal Law Case Patrick T. Barone is a Michigan Super Lawyer, who has maintained continuous top attorney ratings since 2007. In addition, the Michigan native is the author of multiple books on OWI, DUI and criminal law. The OUIL attorney near me has lectured at over 80 legal seminars all over America. He leads Barone Defense Firm in providing aggressive legal warriors for each client's criminal case.

Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.

For your FREE lawyer consultation, call today to learn how to protect yourself from a possible unwarranted conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?

Client Reviews
★★★★★
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
★★★★★
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
★★★★★
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.