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Tuesday, September 13, 2011
By Michael Nichols
Attorney Karen Phillips of The Nichols Law Firm won back the driving privileges for a client convicted of two alcohol-related driving charges. The client's convictions were received within 7 years and as a result she had her driving privileges revoked. Attorney Phillips was able to prove to the State that this hardship was no longer necessary and the client is able to drive again. The client was able to provide proof of abstinence from alcohol to the Secretary of State and had been undergoing treatment for the situations that brought her to the unfortunate situation. Attorney Phillips fought on behalf of the client to prove that re-instituting her client's driving privileges would be beneficial to both the client and to the general public.
The client had moved out-of-state during the Secretary of State hearing process and was able to provide enough supporting documentation that her rehabilitation would be continued. Michigan driving privileges can be difficult to attain for an out-of-state resident, as there is no possibility of restricted driving privileges to be granted. A very powerful case was presented that aided in fighting for a great result. When driving privileges are reinstated by the Secretary of State, a reinstatement fee of $125 must be paid and any other issues that may affect a license, including non-payment of Driver Responsibility Fees, must be addressed.
Those who have been convicted of two alcohol-related driving offenses within 7 years will have their driving privileges revoked for at least one year. After the first year, a person is eligible to request driving privileges from the Secretary of State via either an administrative review, where the documentation required by the Secretary of State is submitted and reviewed and a decision made, or an in-person hearing with a Hearing Officer. The Hearing Office has the option of denying the person’s driving privileges, fully reinstating driving privileges, or ordering restricted driving privileges with an ignition interlock device. However, when a person does not live within the State of Michigan, the restricted option is not available. If a person’s driving privileges are denied, they must wait until one year from that hearing date to request a hearing.
If a person is convicted of 3 or more alcohol-related driving offenses within 10 years or has their driving privileges revoked within 7 years of a prior revocation, their driving privileges will be revoked for 5 years. The review options remain the same after the 5 year period has passed.