Every person and every case truly is unique. There is not a “one size fits all” answer that would be applicable to every person and situation. But if we are looking at the old law of population and I’m looking at my experience of 20 years doing this, my answer is yes, they should have an attorney. The reason is when you go to the secretary of state on these appeals and you are trying to get a revoked license back, the burden of proof is on you. The evidence that has to be presented is complicated and broad. If you don’t have any experience in this area, you are likely to not make your best possible presentation to the secretary of state.
They are not there to help you and they are not there to figure things out for you. The job is on you to make sure that everything that needs to be proven is presented during that case. In addition, you can only attempt this hearing once an year. If you go there and screw it up or just don’t recognize what you are getting into and lose for whatever reason, you can’t even try again for another year. There is a lot on the line when it comes to these particular hearings and the appeals for these hearings are even more complicated because they require people to follow all the court rules that apply to an appeal.
Even just filing a request for a hearing is complicated. For the vast majority of people, an attorney is necessary. If you don’t have the money, you are better off waiting a few more months and saving up the money than you are just trying to charge through there on your own. There may be an exception here and there, but the value of having someone experienced in conducting these hearings and in the nuances of the law and what the relief is in my experience is well worth it. But clients should be careful in who they talk to because a lot of attorneys don’t realize how complicated and nuances these issues are either so there are a lot of people who would aptly take your appeal but not know how to handle it very well.
Additional Information On Driver’s License Restoration In Michigan
If a person has a revoked license and now lives out of state, they won’t be able to get a driver’s license in the state that they are living in now. Their license will be revoked all over the country until they can get a clearance from Michigan for the revocation. There is one major benefit to people who live out of state and that is if they win their revocation hearing, their license automatically goes back to full restoration meaning no strings attached whereas those people who live in Michigan almost always are going to receive a restricted license for an year with an interlock device in their car and then they will have to come back at the end of that year for another hearing to seek full restoration.
If you live out of state, you can skip that whole year with the interlock and you can try to get a full license immediately. In addition, out of state residents can first request an administrative review of the process to try and get their license back without having to appear for a hearing and have a live hearing. Oftentimes we have helped people prepare all that paperwork and get all that evidence together for an administrative review and then we submit that documentation to the secretary of state and if it is approved, that’s it. They win and they can get out of the system and go back to the state that they live in and get a full normal license immediately.
One thing I would caution people is that in that instance as well, it is best to have an attorney help you prepare that documentation because the evidence that you submit is going to be used for you or against you and if you submit, for example, letters from witnesses, the secretary of state might consider them unfavorable or if they say something that might be considered to be dishonest, then if you go to the hearing after that to try and get your license, they’ll hold that against you. It’s very important that you have an attorney assist you in reviewing everything before you submit it and help you with all the details so that you can make sure you take full advantage of this unbelievable opportunity to get a full license restored through the administrative process without having to appear for a hearing.