{"id":3940,"date":"2024-12-22T10:05:09","date_gmt":"2024-12-22T15:05:09","guid":{"rendered":"https:\/\/wordpress-195849-4032129.cloudwaysapps.com\/the-internet-guide-to-winning-a-michigan-drivers-license-restoration-case\/"},"modified":"2025-01-22T12:09:31","modified_gmt":"2025-01-22T17:09:31","slug":"guide-to-winning-a-michigan-drivers-license-restoration-case","status":"publish","type":"post","link":"https:\/\/www.randalawyers.com\/blog\/guide-to-winning-a-michigan-drivers-license-restoration-case\/","title":{"rendered":"Driver\u2019s License Restoration – How To Win Your License Back"},"content":{"rendered":"

There is an old saying that \u201ca little knowledge is a dangerous thing,\u201d and while it has almost universal application, it is especially relevant when someone tries to \u201cplay lawyer\u201d and handle his or her own driver\u2019s license restoration<\/a> or clearance appeal.<\/p>\n

You can learn and get a lot from it, but Google can\u2019t give you a law degree. People often confuse or incorrectly equate information<\/em> with knowledge and experience<\/em>. A person can acquire information about a particular subject, but that\u2019s very different from having a systematic understanding of it, especially from having actually done it thousands or times over (and successfully, no less).<\/p>\n

Our driver\u2019s license restoration lawyers in Michigan can guide you through the driver\u2019s license reinstatement process.<\/strong><\/p>\n

Understanding the Fundamentals of the License Restoration Process<\/h2>\n

The license restoration process is, in every sense of the word, a system, and it is based on certain well-established principles of law<\/strong>. The whole \u201cburden of proof\u201d requirement serves as another example; the law mandates that, in a license appeal, a person prove his or her case by what is defined as \u201cclear and convincing evidence.\u201d<\/p>\n

Anyone handling a license appeal needs to know exactly what that means and how that standard compares with and is different from the other legal standards of proof, like \u201cpreponderance of the evidence,\u201d \u201cprobable cause,\u201d and \u201cproof beyond a reasonable doubt.\u201d<\/p>\n

Driver\u2019s license restoration appeals<\/a> involve a lot more than just filling out a bunch of forms and saying that you\u2019ve quit drinking. In fact, driver\u2019s license restoration and clearance cases serve as a great real-world example of the concept that \u201cyou don\u2019t know what you don\u2019t know.\u201d<\/p>\n

The Importance Behind the Legal Phrase: Clear and Convincing Evidence<\/h2>\n
\"Two<\/figure>\n

Although it may not seem so technical at first glance, every part of the license appeal process is based upon some underlying legal meaning, and you can keep burrowing down through them, all the way to the precise legal definitions of specific words, like \u201cclear,\u201d and \u201cconvincing.\u201d<\/p>\n

In fact, the whole \u201cclear and convincing evidence<\/a>\u201d standard of proof, as it is applied in license appeal cases, means if you leave the hearing officer with any concerns, doubts, or unanswered questions, you will lose.<\/strong><\/p>\n

Winning by “clear and convincing evidence” basically amounts to hitting a home run.<\/p>\n

Moreover, and unlike almost every other legal proceeding, which begins by presenting evidence to a neutral party who is supposed to begin with an open mind, favoring neither side, the hearing officer\u2019s<\/a> legal mandate in a license appeal is NOT to grant the case unless, as the law instructs, the person proves it by \u201cclear and convincing evidence.\u201d<\/p>\n

This is a small but very important distinction, and it means that every license appeal filed with the Michigan Secretary of State<\/a> starts at \u201cNo\u201d and must be denied unless the person filing it convinces the hearing officer to say \u201cYes.\u201d<\/p>\n

What is Rule 13 and Why it Matters for License Appeals in Michigan<\/h2>\n
\"Flowchart<\/figure>\n

Rule 13 of the Driver’s License General Rules<\/a> dictates the standards under which the petitioner can reinstate his or her license. The standards are strict, as Michigan frowns heavily on drunk driving. The rule states that a person must prove by \u201cclear and convincing evidence\u201d that his or her substance abuse problems are under control<\/a> and that he or she is a minimal risk of repeating past abusive behavior.<\/p>\n

Proving Sobriety In Driver\u2019s License Restoration<\/h3>\n

This means demonstrating that the person no longer drinks or uses controlled substances other than what has been prescribed by a doctor (and even that is subject to careful examination).<\/p>\n

The petitioner must also prove, by \u201cclear and convincing evidence,\u201d that he or she has both the ability (meaning the tools) and the commitment to NEVER drink (or get high) again.<\/p>\n

The kind of evidence that needs to be submitted includes:<\/strong><\/p>\n