Articles Posted in Driver’s License Restoration

If you are a motorist in Michigan whose driver’s license has been suspended, you may be curious as to whether you would be eligible for a hardship appeal. First of all, there are only certain suspensions that may be eligible for an appeal. Second, you must successfully make the argument that you are experiencing a true hardship because of the fact that you do not have a valid driver’s license. driving-50389-m

What is a hardship? A hardship may exist when you cannot get to and from work, school, or other important or essential meetings/destinations. However, it is important to note that even if you win a hardship appeal, the license you receive is not a regular license, but instead one that makes it possible for you to drive only for specific purposes, such as to work, school, or for medical appointments. Violation of the terms of your hardship license will result in a loss of your driving privilege completely.

Whether you may appeal for a hardship depends on the reason for suspension of your driver’s license

On Monday, December 22, 31-year-old Christian Lopez-Barcelo allegedly killed a pedestrian who was running in Huntington Station, LI, after his 2009 Ford Crown Victoria taxi cab struck the runner. Raymond Sipel, 30 years old, was pronounced dead at the scene of the crash. cab-778099-m

The accident occurred just before 11 p.m., according to a news report at Longisland.com. The accident is still under investigation by Suffolk County Police Second Squad detectives.

Lopez-Barcelo was taken to a local hospital to be checked out although he was not injured. He was treated for stress-related symptoms and released. So far, the only charge he is facing is operating a motor vehicle with a suspended license. The cab he was driving was impounded for a safety check, and is owned by Orange and White Taxi Company.

While most Michigan DUI defense attorneys would advise not to submit to roadside breath tests when pulled over on suspicion of driving under the influence, breath or blood tests administered at the police station or hospital are an entirely different matter. If you refuse to submit to either of these tests, you violate the state’s Implied Consent law. Under this law, every person who has a driver’s license and who operates a motor vehicle consents to complying with these tests upon obtaining a driver’s license. So, what happens if you do not comply? Your license is automatically suspended for one year. A Defense Lawyers Guide to DWI & DUI Prevention Pic

What next?

If your driver’s license has been suspended due to refusal to take a breath/blood test, you have 20 days to challenge the suspension through a Secretary of State Implied Consent hearing; you must request this hearing. Once you request this hearing, your license cannot be suspended until the hearing is complete. The arresting officer must attend this hearing, however if he/she does not attend the hearing, you win automatically, meaning that your driver’s license will not be suspended.

If your driver’s license has been suspended due to DUI, you may have a “little” knowledge about the restoration process and believe that with this basic understanding, you can win at a DAAD/DLAD hearing. As experienced Michigan driver’s license reinstatement attorneys, we want to clear up a few common myths regarding license restoration. highway-of-bliss-51154-m

You can do it on your own, and don’t need a skilled lawyer. Of course anyone can get lucky and win at a DAAD hearing, however it is highly unusual. The fact is, in Michigan the denial rate at these hearings is high – and if you lose, you still do not have the privilege to drive. Why risk something as important as being able to drive? In addition, you will have to wait another year to file for another hearing.

If you do not win your DAAD hearing, you can simply appeal the decision. Michigan gives Hearing Officers an incredible amount of discretion, so appealing in the Circuit Court will likely not result in a full reversal of the officer’s decision. You may be able to get another hearing before the one year time period has passed, however the more times you go back for a DAAD hearing, the worse your chances of getting your license reinstated may be, due to problem evidence or inconsistencies/conflicts in the information/documentation you provide each time. Why not do it the first time with a highly qualified attorney, and not have to go through it again?

Last week, Daniel and Scott Wall-DeSousa filed a lawsuit in Orlando federal court demanding that their driver’s licenses be reinstated with their married last name, Wall-DeSousa. Scott Wall and Daniel DeSousa married in New York in 2013, and went through the Social Security Administration to legally change their last name to Wall-DeSousa, according to a news report at ABC News. iStock_000004337124

Florida is a state that frowns on same-sex unions, and when the couple moved to the state, the problems began. While Daniel successfully changed his driver’s license in Brevard County, Scott didn’t have the same luck. He did succeed in Orange County, however was told in Brevard County that in the state of Florida, his marriage license was not a legal document. Florida bans same-sex marriages.

After having their licenses changed, Daniel and Scott went on television with an interview by an Orlando station about their new driver’s licenses. Shortly thereafter, the two men received a letter informing them their driver’s licenses had been revoked from the Department of Motor Vehicles. The men filed the lawsuit against the Department of Highway Safety and Motor Vehicles based on the argument that their rights to equal protection, due process, and free speech have been violated.

On November 16, 37-year-old Nyeesha Gonzalez was allegedly driving drunk when she caused an accident and left the scene, according to news reports. Gonzalez was also driving on a revoked license. cars-on-the-street-1-98669-m

Gonzalez was driving in the area of Quebec and 14th Avenue in Denver when she caused an accident that left another person injured. After leaving the scene, she was found a short time later, and allegedly resisted arrest. She has been formerly charged with leaving the scene of an accident resulting in injury, resisting arrest, aggravated driving after revocation, and two counts of vehicular assault.

Gonzalez remained in custody on a $2,000 bond as of November 19, and was scheduled to appear in court on November 21. Reports do not indicate why Gonzalez’s driver’s license had been revoked.

Recently, an Oceana County circuit court judge suspended a defendant’s driver’s license after the defendant brought an English interpreter to court in a case involving cocaine possession. Juan Leonel Estrada, a 44-year-old Hart resident, brought the interpreter to court, a move Judge Terrence R. Thomas felt wasted the court’s resources. Thomas said that Estrada was “playing a game” with him, and that he did not feel Estrada needed an interpreter. winter-road-1130317-m

Estrada was ready to plead guilty to charges of cocaine possession in exchange for a maximum of 30 days in jail, however the judge rejected the defendant’s plea because he believed the defendant had misused the process of the court and its resources. He set the case for trial, and told the defendant that he would be the one paying for a translator at trial. The judge said that between now and the trial date, Estrada might learn English. The judge believed that Estrada could speak English fairly fluently, and asked him how he got a Michigan driver’s license if he couldn’t speak English. He suspended Estrada’s driver’s license, saying that it would remain suspended until the defendant could understand English and be safe on the road.

Estrada’s lawyer said that while his client is fairly fluent in English, he wanted an interpreter because he did not understand legal language and was nervous. He went on to say that the legal vocabulary is different from the English vocabulary, to which the judge replied, “It is for everybody.”

Motorists across the U.S. are arrested every day for driving on a suspended driver’s license. As experienced Michigan driver’s license reinstatement attorneys, we understand there are emergency situations in which you feel you have no choice but to drive. However, many people whose licenses have been suspended get back behind the wheel when there is no emergency. This is not a good idea, for a number of reasons. freeway-6663-m

A driver’s license may be suspended due to DUI, failure to pay child support, a drug conviction, or even multiple traffic infractions/tickets. Regardless of why your license was suspended, you should avoid driving until your driving privilege has been restored. You may be thinking, “But I won’t get caught.” That is what most people whose licenses have been suspended thought, before they were arrested for driving on a suspended license. When you take the risk and drive without a license, you have to remember that you are not the only one in control of your situation – other motorists are out there, too, and you cannot control their actions.

Think of all of the possible scenarios if you were to get out and drive illegally. You could be pulled over for something you aren’t even aware of, such as the fact that a turn signal or brake light isn’t working. If your vehicle should break down and you pull to the side of the road or interstate, a police officer could possibly pull over to help – and find that your license has been suspended.

Recently it was reported that a 25-year-old former school bus driver in Memphis was driving a bus with students on board without a license when he wrecked the bus on September 5. While none of the children were seriously injured, it was found that Tommy Anderson’s license had been suspended due to unpaid traffic tickets and fines, according to a news article at WDAM 7. Anderson was fired by Durham School Services after learning he was operating the bus on a suspended license. school-bus-910927-m

Anderson allegedly had nearly $900 in unpaid fines and eight open traffic tickets over the past four years. All of the violations were personal vehicle violations, and all but one occurred during the time Anderson was employed as a school bus driver. At his court appearance, Anderson claimed he knew nothing of the unpaid tickets, or that his driver’s license had been suspended.

Durham School Services spokesperson Molly Hart was asked at an earlier date about whether the school district was aware of Anderson’s license suspension. She replied saying that it was the state’s responsibility to inform them of any change to Anderson’s license status, but that they were not notified.

On the evening of Saturday October 25, 23-year-old Herbert Granados Calderon of Santa Ana was driving southbound and allegedly ran a red light, resulting in a tragic accident. As Calderon went through the red light at Central Avenue and Bristol Street, he broadsided a Honda which caused the Honda to collide with a pickup truck. One person was left dead and five were injured, according to a news article at KTLA 5. traffic-lights-1227798-m

18-year-old Robert Rubio, a passenger in the Honda, was pronounced dead at the scene of the accident. Two other passengers in the Honda as well as Calderon and three of his passengers were injured. Passengers of Calderon’s vehicle sustained only minor injuries.

It was found by police that Calderon was driving with a suspended license; he was also arrested on charges of DUI and vehicular manslaughter. Calderon’s license had been suspended previously for DUI, according to a Santa Ana Police Department news release.