Driver's License Assessment Reexamination and Appeal Hearings in Michigan

If the period for your driver’s license suspension or restriction has come to an end, you’re likely eager to apply to the Michigan Secretary of State for reinstatement. A revoked or denied driver’s license may require that you apply for a hearing before the Office of Hearings and Administrative Oversight of the Secretary of State. The experienced driver’s license reinstatement attorneys at Grabel & Associates have helped drivers get their licenses in circumstances that are likely just like yours.

Driver Assessment Reexamination Process

The Michigan Secretary of State’s Traffic Safety Division is responsible for conducting driver reexaminations that are required by the Michigan Vehicle Code. In essence, these reexaminations are intended to determine your ability to continue driving safely and decide whether licensing restrictions should be imposed. Michigan law allows for a reexamination in several different circumstances, including the following:

• you have received tickets while on probation,
• there is reason to believe that you can no longer operate a motor vehicle safely due to your physical or mental condition,
• you were involved in a fatal crash,
• you have been involved in three or more traffic crashes during a two-year period where you were determined to be at fault,
• you have accumulated 12 points or more on your driving record during a two-year period, or
• you have been convicted of violating the restrictions, terms, or conditions on your driver’s license.

If you are scheduled for a driver assessment reexamination, you will receive a notice from the Secretary of State telling you when and where to appear. The reexamination itself consists of the analyst reviewing and discussing with you your driving record. In addition, you may be required to take and pass vision and “knowledge,” i.e., classroom-style, tests as well as an on-road driving test. You may be required to provide a medical or vision statement to be considered as well.

At the conclusion of your driver assessment reexamination, the hearings officer will come to a decision. It may well be that your license is unaffected. But it could also be restricted, suspended, or revoked depending on numerous factors, such as the type of violation or driving behavior at issue, your driving record as a whole, and your willingness to comply with assessment recommendations and requirements. In the event your license is affected as a result of the reexamination, the hearings officer will provide you with information regarding license reinstatement as well as on how to appeal.

Driver’s License Appeal Hearings

Under MCL 257.323, “[a] person aggrieved by a final determination of the secretary of state denying the person an operator’s or chauffeur’s license, a vehicle group designation, or an indorsement on a license or revoking, suspending, or restricting an operator’s or chauffeur’s license, vehicle group designation, or an indorsement may petition for a review of the determination in the circuit court in the county where the person was arrested . . . or, in all other cases, in the circuit court in the person’s county of residence. . . .” Stated more simply, you can appeal a Secretary of State decision that you believe is wrong to the circuit court in the county where or were arrested or the county where you live depending on certain circumstances.

When doing so, there are several things you’ll want to keep in mind. The first is the timing: You have to file your appeal “within 63 days after the determination is made” (or within 182 days so long as you can show “good cause”). To do so, you’ll first prepare a petition that includes your name, address, birth date, and driver’s license number. You’ll also have to submit a copy of the official order from the Secretary of State as well as all affidavits, letters of reference, and evidence that was presented at your administrative or driver’s license restoration hearing. All of this documentation must be served on the Secretary of State’s office in Lansing (430 West Allegan Street, P.O. Box 30196, Lansing, MI 48909-7696) at least 20 days before the hearing.

Perhaps the most important thing to understand before appealing is that burden of proof you’ll face on appeal: proving the Secretary of State decision was an abuse of discretion. The abuse-of-discretion standard requires appellate judges to give lower decisions a significant amount of deference. The Michigan Supreme Court, for example, has said that a lower court abuses its discretion when it chooses an outcome that falls beyond the range of principled outcomes. Although you’re allowed to submit new testimony on appeal as well, you need to know that prevailing on appeal against the abuse-of-discretion burden is tough to do.

Driver Assessment Reexamination Locations

There are Driver Assessment Reexamination locations throughout Michigan:

Driver’s License Appeals Locations

There are also many Driver’s License Appeals locations throughout Michigan:

Rely On Our Experience

The experienced attorneys at Grabel & Associates have successfully worked through this process—from the moment someone is charged all the way to the successful restoration of driving privileges—time and time again. Getting it right with reexaminations and appeals is so important because of the limitations that come with them. If you believe that relying on our experience will help your effort to get back on the road, contact us online or at 1-800-342-7896 today. We can work with you to understand what happened to your license, analyze the potential strategies and possible consequences going forward, and then rely on our experience to ensure the best possible outcome for you and your family.