Last updated on November 3, 2021

What Is The Process For Requesting The Hearing?

Once an individual has served the minimum period of suspension or revocation, the next step is to have a substance abuse assessment done from a licensed substance abuse counselor, preferably someone who understands the Secretary of State proceedings. In addition, there is a 10 panel drug screen where the person will be tested for a variety of different drugs. Additionally there needs to be a minimum of three letters from people that are signed, dated, and notarized attesting to the individual’s sobriety and the changes in his or her life since becoming sober.

The important thing for people to remember is they have to be able to prove to the DLAD they have actually been sober for, in some cases, a minimum of six months. Generally speaking though, the Secretary of State is looking for more along the lines of one year at minimum of total sobriety and the person needs to be able to prove that is true.

When Attorney Paul Tafelski handles these cases he is looking to put together evidence of the sobriety that will tend to indicate his client is telling the truth when he or she says they are sober. Those are the minimum documents that have to be gathered up and then submitted with a request for a hearing in order to get the hearing into the pipeline of the Secretary of State.

How Can Someone Gather All Of The Required Information?

Gathering all of the required information and documentation can be overwhelming for some people. When a client comes to Attorney Tafelski, he will help them each step of the way in gathering all of the information is needed, as well as reviewing their letters to see if they do touch on all of the things that Secretary of State is going to be looking for. The firm of Paul J. Tafelski will give their clients a checklist to follow and will walk them through the process so they can break it down into a number of steps that they have to take care of versus looking at it as an overwhelming procedure.

When the process is broken down, it is not as intimidating and can be relatively simple. It comes to first, making the appointment with the substance abuse counselor and the drug screening generally follows right at that office. The next step is a matter of getting at least three people to put 20 minutes into writing a letter for the individual, reviewing the letters and then putting them together in the proper format. The entire process is much easier and less intimidating for people when they have an experienced attorney helping them through the entire process.

What Is A Testing Instrument?

The testing instrument is the proprietary device used by the evaluating counselor to assist them in their diagnosis of the applicant. As a part of the reinstatement application process, the applicant will need to meet with a licensed mental health professional and have a substance abuse evaluation completed. The evaluator will typically utilize a standardized test to help them come to a verifiable and standardized diagnosis of any substance abuse issue. Typically I see either the Michigan Alcohol Screening Test (MAST) or the Substance Abuse Subtle Screening Inventory (SASSI-3) being utilized by the evaluator.

The Secretary of States asks that the evaluator attach the testing instrument that was used along with the evaluation form. The purpose of this is so that they can assess themselves the information provided in the testing instrument and the results. It is important that the results logically align with the applicant’s history and prospective testimony at the hearing. An experienced license restoration attorney will be able to consider all of the facts and circumstances of the application packet and ensure that there is consistency throughout the submitted documentation.

For more information on Requesting The Hearing In Michigan, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 451-2200 today.

Posted in: Criminal Defense
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