Revoked and Suspended Driver's License Reinstatement in Lansing
License revocation and suspension laws were created to keep dangerous drivers off the road, but sometimes the laws are just not enough. The Lansing State Journal recently reported that the Stockbridge man, who had been driving the SUV that struck Deputy Grant Whitaker's car and killed him, had finally been caught. Though his license had been both revoked and suspended, it was not enough to keep him off the roads.
The driver, John Coryell Kelsey II, faces charges of driving with a suspended or revoked license, which caused death and first-degree police fleeing. After being arrested five days earlier, John Kelsey got behind the wheel of a 2003 GMC Yukon Denali, which belonged to one of his relatives, and caught the attention of an unmarked car. Not long after the car started its pursuit of the SUV, Grant Whitaker joined in.
As he followed, Grant Whitaker's car suddenly drove off the road and struck a tree, killing him. Kelsey got away from the other police vehicle. It seemed like he would never be caught, until an anonymous tip gave him up.
If Kelsey is found guilty, he will face approximately 15 years maximum for each charge brought against him, but the punishment could be much worse, as he has been caught driving on a suspended or revoked license several times. This is a common offense for Michigan drivers because many of them decide to take the risk of driving and hoping they will not get pulled over.
There is, however, a way to get your license reinstated. If it was only suspended, you can either fight the charges or wait out the period. You will have to pay a reinstatement fee and you may have to go to court. Revoked licenses are a little more difficult. However, you can arrange a hearing with the Administrative Hearings Section (AHS) (formerly the DAAD/DLAD) and ask for your license back if you can provide substantial proof that you are no longer a safety risk.
What is a Revoked/Suspended License
All drivers in Lansing (and the rest of Michigan for that matter) should know the difference between having your license revoked and having it suspended. Both follow different reinstatement procedures, and one is significantly more serious than the other. They do however, have one very important thing in common: it is illegal for you to operate a motor vehicle no matter in any circumstance.
After you break a driving law, your license will be suspended by order of the state. Of course, you won't lose your license simply because you accidentally ran a red light, but if this is the sixth red light you have run in the last year, the state is unlikely to be gracious.
Other than repeat driving law offenses or reckless driving, there are a few other ways your license can be suspended. Drivers who refuse to take a field sobriety test or are found to be under the influence of any illegal drugs could lose their licenses temporarily. Drivers who hit or kill another person while operating a vehicle can also lose their license privileges.
Having your license suspended is never a good thing, and suspension periods can range from 90 days up to a year. On the other hand, a revoked driver's license will not come back so easily. When the state revokes your license, you are not allowed to legally drive in that state ever again, or at least not without some serious help from a Lansing driver’s license attorney.
Getting Your License Reinstated
As mentioned earlier, under a suspended license, you lose your driving privileges temporarily. The Secretary of State will usually set a to-and-from date, such as June 1 to December 31, for your suspension. Unless you believe your constitutional rights were violated, it is best to wait out the suspension.
However, if you do believe your rights were violated, you can request a hearing before the Driver Assessment and Appeals Division of the Secretary of State, where a hearings officer will hear your case and decide whether or not your sentence should remain as is. In Lansing, this hearing takes place at the Capital Area Super!Center located at:
3315 E. Michigan Ave. Ste. 1
Lansing, MI 48912
For your hearing, you will need an aggressive and experienced lawyer with a history of successfully working with clients to get their licenses restored, such as those at Grabel & Associates. Though you may try to fight a suspension on your own, you could end up with an even worse sentence than before. But with knowledgeable counsel, you can avoid the many pitfalls of the process and achieve an optimal outcome for your situation.
AHS hearings regarding a revoked license, require much more work and documentation than for a suspended license. Long before you request a hearing with the AHS, you need to gather evidence that proves you have been sober for twelve months or longer. If you were ordered to attend traffic school or Alcoholic Anonymous meetings, you will need documentation of your participation as well.
In total, you will need:
- Substance Abuse Evaluation
- Testing Instrument
- Ten Panel Urinalysis
At the hearing, your lawyer will use these tests and documents to demonstrate that you have met the burden of proof needed to reinstate your license. Remember, if you lose, you cannot file another appeal for at least one year, so make sure you have all your paperwork ready to go.
The best thing to do if you find yourself facing a suspended or revoked license is to hire an aggressive and experienced attorney such as those at Grabel & Associates. We have a 97% success rate at getting our clients back on the road and provide a written guarantee that we will get your license back at the first hearing or represent you free-of-charge at all future hearings until your license is restored. Call us today to discuss the details of your case at 1-800-342-7896 or contact us online to set up a free consultation.