If someone loses the first DLAD hearing, he or she cannot apply again to the Secretary of State for one year. However, that initial decision can be appealed to the circuit court where the arrest was made. There has been a recent change to the law that took effect on August 15 of 2016 that allows the circuit court judge authority to either uphold the decision of the hearing officer, or reverse it completely and give the person a full license. Typically, these appeals were very limited in nature to just constitutional issues or a hearing officer totally overstepping their bounds but if they were even a close call, it really wasn’t worth appealing because the judge would generally deny the appeal. However, now the state allows the judge a little more discretion to also be able to offer a restricted license with the interlock and to be able to consider additional evidence.
The new law will allow the judge to be able to see or hear additional evidence that was not presented at the first hearing in front of the Secretary of State. For example, if someone had gone through the first hearing on his or her own and hadn’t presented sufficient evidence, theoretically the proper evidence and supplement records can now be presented to the circuit court judge. Therefore, there is still a chance to be granted the restricted license that the hearing officer had denied.
The bottom line is that this is a much improved law that is just taking effect and is going to create new opportunities for people to appeal to the circuit court when they have been denied from the DLAD. The best strategy is to try to win at the DLAD level. If for some reason that hearing is unsuccessful and there is actual evidence that might be helpful that was not presented, there is now the chance it can be appealed to the circuit court and a restricted license will be granted at that level.
Can Losing An Initial Hearing Impact The Outcome Of Future Hearings?
Usually if someone loses the initial hearing, they will receive a denial letter from the Secretary of State explaining the reasons why the person’s license was not restored. That letter can then be used to start planning for the future on how to overcome any issues and make for a successful outcome at that next hearing. If the person just shows up a year later and everything is basically still the same, the same result will most likely be inevitable and they will hold it against the person because even though you were notified of what went wrong, those issues were not addressed.
The bottom-line is the right things have to be done in order to be successful in the DLAD hearings. That is why some clients come to Attorney Tafelski six to eight months before they are even eligible for the hearing and in order to start working on what needs to be done and to get advice on what they can do to increase their chances. This is really the best strategy because it doesn’t cost anything additional to hire him early to help with the hearing. He can give clients advice and guidance all along the way as opposed to being hired right when it is time to go to the hearing. At that point there is usually not enough time to do meaningful strategic planning.
What Are The Reasons Other Than A DUI That A License May Be Revoked?
A driver’s license can be revoked for several reasons in addition to a DUI conviction including if someone has 12 or more points on their license or even for a medical reason. There are also certain other convictions such as manslaughter and negligent homicide where individuals their license as well.
For more information on Timeline Of Re-Application, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 221-1060 today.