Articles Posted in Driver’s License Restoration

While having your driver’s license suspended for one or more DUI’s is serious, having your license revoked is much more serious. In Michigan, an individual who is convicted of driving under the influence on multiple occasions within a specific time period may face license revocation. When this happens, the process of getting your driving privilege restored is a long and laborious road. It is critical you obtain the legal guidance of a skilled Michigan driver’s license reinstatement attorney to ensure you have the best chance for success. 

Certain conditions must be proved to hearing officers with the DAAD, or Driver Assessment and Appeal Division. One of the most important things you must prove is that you have been sober for at least one year. There are several documents used to support your claims of sobriety, including letters written on your behalf (community proofs), a Substance Abuse Evaluation, and more. There is also a drug test that must be passed before hearing officers will even consider restoring your license. An experienced lawyer will guide you through the process to ensure you have all of the documentation, that it is properly formed, and that everything is in order so that you have the best opportunity for having your license restored.

With success, you will likely be granted a restricted license. This license will allow you to drive for specific reasons, or during certain times of day. A restricted license allows you to drive to and from work or school, to alcohol/drug counseling or rehabilitation, etc. In addition, it is often required that the person have an ignition interlock device installed for one year. After that time period, if you have complied with all rules regarding restricted driving, you will likely be given full driving privileges again.

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In the early morning ours of Thursday, September 4, a Potsdam, NY woman was charged with driving on a suspended license, according to North Country Now. The incident occurred on Clarkson Avenue at about 2:30 a.m. 27-year-old Kara Page was officially charged with second-degree aggravated unlicensed operation. She is scheduled to appear on September 12 at the Potsdam Village Court on the charge, according to police.

In New York, second-degree aggravated unlicensed operation of a motor vehicle is a misdemeanor offense. This is the charge typically given when an individual drives on a license that was suspended because of operating under the influence, or when a person is charged with driving while suspended while having prior convictions that occurred within the past 18 months. The penalties a person may face depend on certain factors, and may include fines of between $500 and $1,000, along with jail time of up to 180 days, probation, or both.

Driving on a suspended license is a serious offense. In Michigan, those caught operating a vehicle without a valid driver’s license face serious consequences which vary, depending on whether it is a first, second, third, or subsequent offense. As experienced Michigan driver’s license reinstatement attorneys, we understand that there are circumstances in which an individual has no choice but to drive, such as in an emergency situation. However, many people get behind the wheel just as if their license has never been suspended, thinking they will not get caught. This is extremely risky behavior, as you could face jail time, substantial fines, and vehicle immobilization if caught. In addition, you could have your license permanently revoked.

A second offense driving with a suspended license in Michigan will result in a fine of up to $1,000 and potential jail time of one year. Your vehicle may also be immobilized for up to six months.

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Earlier this month, a Grand Rapids woman, 36-year-old Crystal Louise Rincones, allegedly drove the wrong way on U.S. 131 resulting in a head-on collision that seriously injured the driver of the other vehicle, 49-year-old Vickers Charles Hansen. Now, Secretary of State records indicate that Rincones was not supposed to be driving, as her license had been suspended on many occasions over the past 16 years.

According to a news article at Mlive.com, Rincones’ driver’s license had been suspended for various reasons over the years, including numerous DUI convictions, and failure to pay parking tickets and reinstatement fees. The accident occurred on August 5 in the southbound lanes of U.S. 131 near 36th Street, according to police.

According to Rincones’ driving record, she had periodic license restrictions so that she could drive to treatment of what was described as a “serious medical condition,” although the nature of the medical condition was not disclosed.

Since 1998, Rincones has been arrested for operating while impaired and driving with an unlawful blood-alcohol content, cited for driving with no proof of insurance, unpaid parking tickets, driving while license suspended, a drug offense, speeding, and more. Just last year, she was involved in a one-car accident that resulted in the injury of three people; this was after Grand Rapids had put a hold on her license due to parking tickets that remained unpaid.

Following the August 5 crash, Rincones was said to be in critical condition; she was transported to Spectrum Health Butterworth Hospital.

Driving on a suspended or revoked license in the state of Michigan is very serious. It is understandable that there are emergency situations in which someone whose license has been suspended must drive, however it appears that Rincones has a reckless disregard when it comes to the law. Many people believe that driving is a “right,” when in fact it is not a right but a privilege.

Whether a drivers license is suspended or revoked due to operating while under the influence of alcohol or drugs, because of unpaid traffic tickets or unpaid child support, or due to a drug offense, it is never advisable to drive on a suspended license. You believe you won’t get caught, but it is not worth the risk. You cannot control other motorists, and could be involved in an accident that although not your fault, will reveal the fact that your driver’s license is suspended.

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According to an article at Cincinnati.com, more than a quarter of the 85,000 parents with child support cases cannot drive now because their driver’s licenses have been suspended. In Hamilton County, it is reported that 23,541 licenses have been suspended due to non-payment of back child support. This is a record high, according to the article.

Moira Weir, Director of the Department of Jobs and Family Services, said that this is a last resort in an attempt to get parents’ attention, and get them paying the child support they owe.

Suspensions over the past five years have increased by 50%, partially due to the department becoming more efficient when it comes to tracking down parents who owe child support, according to spokesmen for the department Brian Gregg. Another reason for the increase is that the department has lowered the threshold from not paying the full child support amount for a 90 day period, to not paying half of amount due for 90 days.

In the state of Michigan, an individual’s license may be suspended for failure to pay child support. However, the primary reason that Michigan residents have their driver’s licenses suspended or revoked is due to DUI convictions. Driving under the influence may involve alcohol or drugs, as either can impair a motorist’s ability to safely operate a vehicle, putting his or her own life at risk as well as others on the roadways.

A license may be suspended for 30 days or longer, depending on the seriousness of the offense. In most cases, the person’s license is fully restored once the suspension period has passed. However, many people cannot make it for 30 days, 90 days, or longer without the ability to drive because of work, school, and other reasons. In these circumstances, you may want to get a restricted license that will allow you to drive only to and from specific destinations such as work.

A revoked license is a much more serious issue; in fact, an individual’s license may be revoked for life. In any case, having a suspended or revoked license restored usually requires a hearing before the DLAD, or Driver’s License Appeal Division of the Secretary of State’s office. These hearings are far from easy to win, and truthfully, quite difficult and complex.

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As seasoned Michigan driver’s license reinstatement attorneys, we realize that most people associate a suspended driver’s license with driving while under the influence of alcohol or having received too many traffic tickets. The fact is, a conviction for a drug offense can result in suspension of your license as well.

Driving under the influence or DUI is a charge that applies not only to individuals who are found to have an illegal amount (greater than 0.08%) of alcohol or intoxicating liquor in their systems, but those who have other potentially intoxicating substances in their systems as well. This may include narcotic or illegal drugs such as cocaine, heroin, methamphetamine, marijuana, and other illicit substances as well as prescription medications such as oxycodone, Vicodin, or even Xanax or other benzodiazepines. Should it be determined that your ability to operate a vehicle safely was affected by drugs in your system, you may be charged with DUI – and have your driver’s license suspended.

Driver’s license suspension applies not only to operating a vehicle with drugs in your system, it also applies in cases where an individual is convicted of possessing, manufacturing, or distributing drugs. In this situation, you do not have to be driving at all to have your license suspended. The fact that you were in possession of an illegal substance is enough to result in license suspension.

Just as is the case with DUI, a first time drug conviction will result in a six month suspension of your driver’s license. For the first 30 days, you will not be able to drive for any reason; whether or not you drive for the remaining five months will depend on whether you get a restricted license. A second drug conviction will result in a one year driver’s license suspension, with no driving for the first 60 days. It is also important to note that you will not simply be “given” restricted driving rights after the initial suspension period. It costs $125 to have your license reinstated, even to drive on a restricted basis. When your license is restricted, you will be permitted to drive only under certain circumstances or at specific times of the day. A restricted license does not give you free reign to go about your daily life and drive whenever or wherever you like.

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There are various reasons an individual’s driver’s license may be suspended or revoked, including driving while under the influence of alcohol or drugs, failure to pay child support, and multiple traffic infractions. Regardless of why your license was suspended, driving on a suspended or revoked license could leave you facing consequences that are even more serious.

As experienced Michigan driver’s license reinstatement attorneys, we understand that there are situations that are real emergencies, times when it is all but impossible to avoid driving. However, running to the convenience store for a pack of cigarettes is not an emergency, nor is driving your children to school or attending a doctor’s appointment. When your license is suspended or revoked in the state, that is one of the hardships – you must find other means of transportation, whether a friend, family member, taxi cab, bus, etc.

What is the harm in driving when your license has been suspended? You know you won’t get caught – that’s what many people who DID get caught thought before getting behind the wheel. When you get into a vehicle, you have no idea what is ahead of you. One example of this:

Recently, a Massachusetts man crashed into a 20-year-old jogger who had stopped to talk with a friend on a sidewalk. Haley Cremer died, and now 44-year-old Jeffrey Bickoff is facing charges of vehicular homicide, speeding, and driving with a suspended license. Had Bickoff not made the decision to get behind the wheel, Cremer would likely still be alive – and Bickoff would not be facing vehicular homicide charges.

While this is an extremely serious situation, you could be hit by another vehicle while driving, be pulled over for a tail light that isn’t functioning properly, or for any number of reasons. The fact is, driving on a suspended license will lead to fines, doubling the length of the original suspension period, and possible even jail time depending on your case. Is it really worth the potential penalties, or even possibly finding yourself in a situation similar to the above?

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Just over two weeks ago, a Marion County SC Sheriff’s deputy was involved in a crash with a man driving a moped. The man riding the moped, 68-year-old Kenneth Killingsworth, died. It was after the tragic accident that it was discovered the deputy’s driver’s license had been suspended.

According to a news article at CBS 46, the accident occurred in south Mullins near U.S. 76 on Gapway Street. The dash camera in the deputy’s vehicle was inoperable due to a lack of funding, so the accident was not captured on video. There was visible damage to the windshield of the patrol car, and pieces of the moped were scattered along the street. News reports do not indicate the speed of the patrol vehicle or moped at the time, or how the accident occurred.

The Marion County Sheriff’s office did some checking, and found that the deputy was driving on a suspended license. He has been placed on leave since the accident, without pay. According to Sheriff Mark Richardson, a license check was performed when the deputy was hired on to the department in August of 2013, and again in January of this year prior to the deputy going to the South Carolina Criminal Justice Academy. Another check had not been done since that time, and the deputy’s license had been suspended in February after he neglected to pay a traffic violation in another county.

While it is tragic that a man lost his life in an accident, this is one example of why no one should drive on a suspended license. Michigan driver’s license reinstatement lawyers know there are emergency situations in which someone with a suspended or revoked license will take the chance. Many people with suspended licenses even drive when there is no emergency situation, thinking they will never get caught. An accident can occur at any time, as indicated in this tragic story. Driving on a suspended or revoked license will result in an even longer suspension period, fines, and possibly jail time.

In cases where someone who is driving on a suspended license is involved in an accident and an individual is killed, the driver may be charged with a felony offense and face up to 15 years in prison, along with other penalties.

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Frequently, residents of Michigan who have had their driver’s licenses revoked for one reason or another (usually due to multiple DUI’s) move out of the state, then learn they cannot get a driver’s license in their new state of residence because of a ‘hold’ on their driving record in Michigan.

Anyone with a revoked Michigan license who moves out of state must obtain clearance of revocation in Michigan before you can obtain a driver’s license in the state you now live in. Many people mistakenly assume that when they move out of Michigan, they can easily get a driver’s license in the state they move to without any hassles. Not true. A revoked Michigan driver’s license follows you wherever you go! Even worse, the process of having your revocations cleared in Michigan is not easy, and requires clearance through the DAAD, or Driver Assessment and Appeal Division of the Michigan Secretary of State’s office.

You may have had your driver’s license revoked in Michigan regardless of whether all of the drunk driving offenses occurred in Michigan, or in other states. For instance, if you hold a Michigan driver’s license and rack up DUI’s in Wisconsin, Illinois, and Michigan, your license will be revoked. In fact, you don’t even have to have a DUI in the state of Michigan to have your license revoked, if your license was issued in Michigan and you get multiple DUI’s in other states.

It sounds confusing, and truthfully it is a bit complex. The most important issue here is that if you intend to get a driver’s license in the state that you have moved to and have a revoked license in Michigan, you will have to get clearance of the hold on your driving record. If your license was revoked in Michigan due to multiple DUI’s, it is critical that you have stopped drinking, and can prove it. Otherwise, winning clearance so that you can obtain a license in your new state will be nearly impossible.

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