I was convicted of my 2nd dui last February. I'm done with my court stuff. I plan on filing bankruptcy on my responsibility fees. I have until may to prepare for my hearing. I won't be able to afford an attorney for this. My question is from your experience is it possible to get my licence back on my first try without help. I understand I need proof of AA meetings. I also volunteer at my local church at an AA called restoration fellowship. I have a certificate from incarcaration that I completed counseling in jail as well. Letters from friends and family will not be an issue and I have not been driving at all since I was arrested.
Absolutely. The critical thing is to have your application be consistent with your testimony and treatment, plus it is imperative that your community letters address every point the SOS wants. DO NOT WRITE THE LETTERS YOURSELF. It is always obvious. Plus, understand that if the hearing officer grants your appeal, they can only order a restricted license with an interlock device. Good luck, keep going to AA, and follow the advice of the substance abuse counselor.
The statistical odds of succeeding on your own at the SOS are not good. There is more to it than just attending AA and getting friends and family to write letters. Much more. The letters need to contain the information the hearing officer is looking for and the slightest inconsistency or poorly worded letter will get you denied. You will have to give testimony to the hearing officer which must line up with information in your petition, alcohol assessment, and drug screen.
These are very complex which is why you need a lawyer who is highly experienced in driver's license restoration hearings representing you. Think of it this way- the costs of failing on your own will cost you far more in time and money than what a good lawyer would cost to get it done right the first time. Also, keep in mind that if you fail, it only gets harder to succeed because you now have to overcome the reason that got you denied the last time as well as meeting your burden of proof on the rest. Also, you will be locked into the story that you presented on your previous petitions and hearing and any changes or contradictions will seem like you are now being dishonest in order to conform your story to the SOS's standards.
The bottom line is you need a lawyer. Come up with the money any way you can. It won't be an investment you'll regret.
Mr. Austin's answer is very well thought out. Many people say that it is very hard to win on a first attempt but that is simply untrue. The truth is it is very hard to win the first time only if you represent yourself or you have a less than adequate lawyer. Many people succeed on a second attempt not because it's a subsequent petition but because they learned their lesson and hired a good lawyer. Unfortunately the cost in not hiring a good lawyer the first time far exceeds the cost of doing it right from the beginning.
The attorneys who handle the most DLAD cases are generally criminal defense lawyers. If you want to find a 10.0 rated lawyer, is an excellent place to start your search.
Bottom line, without a doubt, you will need an experienced & well qualified attorney to assist you in this matte. While I mean no ill will or offense, judging by your question, you are in need of understanding the process &?how difficult it is to succeed the first time even with an attorney. Only 35% of all applicants succeed on the first try. If you lose you will not be eligible to apply until one year after the date of your prior hearing. Also, please be aware that you cannot set aside your financial obligations to the state in bankruptcy. Good luck.
I was speaking with the former Secretary of State Terri Lynn Land. She said that when people ask her if they need a lawyer she always replies "the Secretary of State hires lawyers you should as well to go against them". I appear in front of the the state's hearing officers every week multiple times and have gotten clients their license on the first attempt many times. The issue isn't how many times you try its your credibility with the hearing officer. It's preparation. We are so confident we make a difference that if you lose or do not get you privileges we will represent you for no additional fee until you succeed. It is important to hire a lawyer, but more important to hire a lawyer focused on license restoration. Consistency is important but competency is critical. You have never done this we have thousands of times over twenty years.
Well, I'll address this in order:
You should be good with your plan to discharge the driver's responsibility fees in bankruptcy, but make sure you hire a qualified bankruptcy attorney. Criminal penalties are not dischargeable in bankruptcy. However, Michigan driver’s responsibility fees are not technically “criminal penalties.” They are administrative fees levied by the Secretary of State’s office, not as a sentencing judgment or criminal statutory penalty by a criminal court conviction. Thus, they should not fall into the “criminal penalty” non-dischargeability exception to the list of debts dischargeable under the US Bankrutpcy Code as traffic tickets, parking tickets, and other fines may.
Filing Chapter 7 bankruptcy should discharge any driver’s responsibility fee arrearage. That said, the State of Michigan has taken various stances on such issues at various times, including the position that such fees are non-dischargeable “criminal penalties.” Make sure your attorney understands and can respond to such an argument. You make the argument against him, and see if he responds well. Ask your attorney "aren't DR fees non-dischargagble under the "criminal penalty" exception"? and see what they have to say.
That being out of the way, it is possible to prevail on your first attempt without an attorney, but it is unlikely, and you may do more harm than good. I have done several AHS hearings, and I have had zero failures, but I make sure my clients are prepared, and I only bring prepared cases before the AHS administrative law judges. That will be impossible for you to do. I know the different judges, how they operate, and what they require. I had help from an experienced attorney prior to me first AHS hearing. I have never gone into one of these hearings blind, like you will be doing.
More than letters, more than AA logs, and more than "not driving," you also need an SOS-258 substance abuse evaluation, and you have to understand what is contained in the evaluation, what the administrative law judges want to see in the evaluation, and how to respond to questions about your SOS-258 eval. That will be difficult if you're not in the employ of a an addictionist or substance abuse counselor.
How can you do more harm than good representing yourself? I'm glad you asked... If you handle your AHS hearing and represent yourself, you will have to appeal to Circuit Court if you receive an adverse decision. AHS hearings generally cost between $900-$1500, Circuit Court hearings are double. So, if you fail, you'll either cost yourself twice what you couldn't already afford, or have to wait a year to try again. Both are costly lessons to learn.
Finally, I strongly recommend requesting a face-to-face hearing in either Livonia or Grand Rapids (Livonia is the closer choice, even though it is about 2 hours from you). You simply cannot build the same connection with the ALJ with a video conference, and you only have your one shot, so make it count.
Yours Truly,
Will Bieke
