Articles Posted in Michigan Legal Resources

On April 2, 2025, one of Michigan’s harshest licensing penalties quietly disappeared. House Bill 5103, signed into law as Public Act 42 of 2024, repealed a rule that had barred thousands of people from applying for a driver’s license for three years at a time. The Michigan Department of State estimates that more than 3,000 residents became eligible to apply the day the law took effect. Secretary of State Jocelyn Benson put the stakes plainly: “Michigan is a driving state. Without a license, so many opportunities and even necessities are out of reach.”

More than a year later, many of the people the repeal was meant to help still do not know it happened. Here is what the old rule said, what changed, and what still stands between some drivers and a valid license.

What the Old Three-Year Ban Actually Was

A Michigan license restoration case is largely decided by a stack of documents submitted before anyone says a word at the hearing. The hearing officer’s questions flow from that stack, and the answers get measured against it. A package that is complete, consistent, and current walks into the hearing with most of the work done. A package with gaps or contradictions leaves the driver spending the hearing explaining its problems.

What follows is the package for the most common case: a driver revoked after multiple alcohol- or drug-driving convictions, seeking restoration through the Office of Hearings and Administrative Oversight. Not every piece applies to every case, and the differences matter, so each section notes when a document is required and when it is conditional.

The Legal Standard the Package Must Meet

A person researching a Michigan license appeal will find instructions addressed to four different offices. One website says to file with the DAAD. An older guide mentions the DLAD. A form references the Administrative Hearings Section. The state’s own pages talk about OHAO and a system called DAIS.

The reality is simpler than the search results suggest. Most of those names describe the same office at different points in its history, and for anyone filing today, two terms carry the weight: OHAO is the office that decides your appeal, and DAIS is the system where you file it.

One Office, Several Names

A driver’s license is easy to take for granted until it is gone. Without it, getting to work, school, or a child’s doctor becomes a daily problem. Michigan’s process for getting back on the road has shifted in important ways over the last few years: the office that decides these cases has a new name, hearing requests have moved online, and a series of reforms has reopened the road for thousands of drivers who were stuck for reasons that had nothing to do with safety.

Here is where things stand in 2026, and where people still get stuck.

The Distinction That Changes Everything: Suspended vs. Revoked

Some defendants in a criminal or DUI case feel they cannot justify the cost of hiring their own attorney (or perhaps they simply cannot afford it), while others believe a lawyer appointed by the court or public defender will provide the same level of legal guidance and support a private attorney would. The truth? Well, that’s hard to say. While there are public defenders and court appointed lawyers who are capable and skilled, it’s often the limited resources they have available that make the difference in the outcome. Ultimately, by hiring an attorney those who have been charged with a crime or who are under investigation will experience a much better outcome. Why is this?

Unfortunately, public defenders and count appointed attorneys are overworked and underpaid. The fact that a public defender has 30 cases to work on in a day’s time coupled with inadequate pay means defendants may be allotted five minutes or so of the lawyer or defender’s time. Considering this, how much time will the public defender or court appointed lawyer be able to devote to investigating your case, examining the evidence, exploring potential legal options, or even taking a look at the dash cam if you were pulled over for DUI? Not much – and perhaps zero.

How can a court appointed attorney or public defender provide you with solid legal guidance and representation when he/she knows virtually nothing at all about you, or your case? It isn’t possible. This is why it is essential to work with a private attorney who has the time to sit down with you and discuss the case, who will return your calls, and who will develop a sound defense while fighting on your behalf all the way.

Let’s be honest here – all people tell lies, whether they have been accused of a crime or not.  We’re all human, however many people are curious as to if criminal defense lawyers represent clients who they know are lying, and if so, why.  Even defendants in a criminal case (particularly those who are guilty) wonder if they should be completely honest with their attorney.  All who are accused of a crime, regardless of how minor or serious that offense is, have the right to remain silent.  In the case of a defendant, he/she may believe that if they do remain silent, the lawyer they have hired will suspect they are guilty.

The fact is, guilty or not, it must be proven beyond a reasonable doubt.

When a criminal defense attorney takes on a case, it’s important to realize that it isn’t the lawyer’s case, but the defendant’s.  Because of this fact, clients should be truthful with their lawyers – otherwise, it is difficult for an attorney to build a solid case and focus on defense strategies that could possibly have some basis in fact, even if the defendant is guilty.  Anyone who is charged with a crime should realize that:

It makes no difference whether you are guilty or innocent.

Your defense attorney is going to take anything you say seriously. Lying to your lawyer will only result in him or her chasing rabbit trails that will not likely result in a solid, effective defense.

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Most people believe that attorneys use “complicated” language, or what some refer to as legalese.  While the legal terms used in the everyday life of a lawyer are well understood (for the most part) by other attorneys, those who don’t practice law, who have been arrested for a crime, or who are involved in a lawsuit often don’t understand these terms.  From assault and battery to robbery, burglary, malfeasance, depose, and punitive or compensatory damages, we’ll try to put these legal terms in a light that makes them easier to understand.
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In the state of Michigan there are countless local bar associations, including the Grand Rapids Bar Association, Detroit Metropolitan Bar Association, Oakland and Ingham County Bar Associations, and even “special purpose” bars such as Criminal Defense Attorneys of Michigan, Michigan Lawyers Alliance, Wayne County Criminal Defense Bar Association, and Michigan Defense Trial Counsel.  While the number of Michigan Bar Associations are too numerous to mention, we’ll discuss a few of them below.

Detroit Metropolitan Bar Association.  The oldest bar association in the state and one of the three oldest in the U.S., this bar was organized before Michigan became a state, in 1836 when Andrew Jackson was President.  Originally known as the Bar of the City of Detroit, the Detroit Metropolitan Bar Association was formally incorporated 125 years ago, established to “promote the due administration of justice, maintain the dignity of the profession and cultivate social intercourse among its members” in 1881.  Even today, this bar association is highly dedicated to community service and committed to maintaining strong relationships with the judiciary and members.

Criminal Defense Attorneys of Michigan, or CDAM, is the largest statewide criminal defense lawyer organization in the state and a 501(C)(3) nonprofit.  CDAM works frequently with lawmakers regarding changes to legislature and actively promotes expertise in constitutional and criminal law, procedure, and focuses on improving trial and appellate advocacy.  CDAM hosts the Trial Practice College and also sponsors educational opportunities at a wide array of conferences.  These conferences include presentations from many of the most knowledgeable and skilled lawyers in specific practice areas of criminal defense.  The Trial Practice College is where criminal defense attorneys are taught the differences between trying to win cases, and trying cases to win.

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Summer is officially underway, and in Laurel, MS authorities have already warned residents of the increase in crime rates over summer months.  Local police say crime begins to rise along with the temperatures, and that it happens every year.  Most of the crimes are vandalism and property crimes such as vehicle and residential burglaries, but Mississippi isn’t alone.  It seems that across the nation, crime increases as temperatures heat up.

We discussed the possible reasons for this in a recent article – kids are out of school, people are out and about more, social events are more prevalent during summer months, even the fact that the heat can make some people extremely agitated or aggressive.  Whatever the reason, it’s a fact – summer is when we see an increase in crime.
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School violence and crime are problems in many cities across the U.S., and while it’s believed violence is decreasing, many schools fail to report incidents.  This means the data on school crime is somewhat unreliable, and unfortunately incidents involving violence are often downplayed.  In Michigan, violence and crime in schools seems especially problematic, particularly in high-crime areas such as Detroit, Benton Harbor, and Flint.

While violence and crime occur in middle schools and high schools, colleges and universities have become top stories in the news recently as it seems sexual assaults become more common (or at least more are being reported).  In 2015, MSU (Michigan State University) was ranked the most dangerous campus in the country by crimewatchdaily.com, taking data from 2013.  MSU ranked fourth in per capita crime rates in the country.

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