In Michigan, there are specific circumstances in which an individual who has had his or her driver’s license suspended or revoked may be able to appeal on the basis of a hardship. In other words, not having the privilege to drive is creating a “hardship” in regards to effecting your ability to work and provide income to support the family, or some other undue hardship. As Michigan drivers license reinstatement lawyers know, proving a hardship is not easy. In fact, the entire process is quite complex, which is why it is important to consult with an attorney in the very beginning.
Only certain suspensions may be appealed for hardship in circuit court. For example, if you were convicted or pleaded guilty to reckless driving or your license was suspended for reasons listed under MCL 257.319, you will likely not be permitted to appeal. However, if your suspension was due to a first implied consent violation, driving while your license was suspended previously, an accident or points on your driving record, or for probationary reasons, you may be able to appeal for a hardship license.
Even once it is determined that you can appeal your suspension, the work is just beginning. First there is filing the claim, which must conform to MCR 7.104(C)(1). Then the venue must be decided, filing fee paid, the proper forms filled out. Most important of all in the hardship appeal is the detail or evidence you provide the court, who must be convinced that without the privilege to drive, you will experience undue hardship. It is critical that the evidence is sufficient during the hearing to convince the court you cannot do without a license. Your attorney can go over the most important points you should stress to ensure the best chance of convincing the court.
There are also deadlines for filing, and a final hearing in which you will be able to appeal to the court vocally, stressing all positive things you have accomplished in an effort to move toward a positive path such as completing an alcohol program, regularly attending AA, and emphasizing such factors as you have no other reasonable methods of getting to and from work, not having the ability to drive is causing you to miss work, etc.
As you can see, a hardship appeal is quite complex, and not easily navigated by someone without benefit of a Michigan drivers license restoration attorney. Obtain the support of a lawyer with experience, who is thoroughly familiar with the tedious process.