Most people are generally surprised at the complexity of the Driver’s License Appeal Division hearing. There are a lot of people that contact Attorney Paul Tafelski after they have already gone to the hearing by themselves. They just grabbed whatever paperwork they could find to get a hearing and went in without a well thought out plan. Most people who try to handle this on their own, show up to the hearing assuming they are just there to get their license back. In reality, there is a burden of proof and it is up to that person to present the evidence and convince the hearing officers that they do deserve their license back.
A lot people will then wait another year and then will call an attorney to get help in going through the course of everything again. This is a daunting process for somebody who has never dealt with the court system before. For Attorney Tafelski who has handled hundreds of these cases, he understands it. He knows what is important and what is not. Once he finds out who the hearing officer is, what their personal tendencies are and so forth, he knows what to look for.
There is a lot that goes into this hearing but it should not stop someone who has been sober from trying to get their license restored. They just need an experienced attorney to guide them through the process.
What Should Someone Expect At The Hearing If They Have Hired An Attorney?
The Livonia office is currently the main branch where most DLAD hearings are held. For those outside of the Detroit area, the hearings will often take place by video with hearing officers present. Initially they allow whatever evidence there is to be presented. From Attorney Tafelski’s perspective, he prepares his clients by going over all of the different areas that are required in order to meet the burden of proof. For each area clear and convincing evidence must be presented to show that the client is sober and is likely to remain sober forever.
It can be difficult to present evidence to show this. In order to do so, Attorney Tafelski has to present circumstantial evidence and he has his client tell their story and explain how their life is different, including their social circle, employment and anything else that has changed for the better since he or she became sober. Usually clients have pretty compelling stories and that’s what helps them to prevail in these hearings. Though at these hearings as much evidence as possible is presented, including documents and witnesses, the majority of the testifying will be done by the client.
At the conclusion of the hearing, the hearing officer will generally ask follow up questions as well. The entire hearing process usually takes 30 to 45 minutes depending upon how things go and who the hearing officer is.
Occasionally, the hearing officer will say right then if they will approval the person’s license restoration. However, the majority of the time they will say they are going to take everything under advisement and will issue a written opinion.
What Are The Testimonial Letters And Who Can Write Those?
There must be a minimum of three testimonial letters and they can be written by anyone who can attest to the person’s sobriety. Attorney Tafelski likes his clients to have letters which cover all facets of their life. Ideally, a person should have a letter from someone in their social circle, a family member, a coworker, and even someone from AA or counseling. The idea is to encapsulate the 24 hours of the person’s day by people who are involved in all aspects of his or her life.
There should be as many credible outside sources as possible who will discuss the person’s sobriety those letters.
For more information on Complexity Of The Hearing, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 451-2200 today.