Steps to Getting a Revoked License Back in Lansing
Despite laws and fines to deter them from driving, some drivers with revoked or suspended licenses still continue to take their chances on the road, and the result is sometimes disastrous for both the driver and the other parties involved. Recently in Lansing, one driver was brought before the judge to face charges of driving on a revoked or suspended license along with a hit-and-run charge.
The driver, who had a history of drunk driving, hit and killed a youth football coach, and then sped away from the scene. As his license was already suspended or revoked at the time of the crash, he faces heavier charges than if he was a legal driver. According to the sentence agreement, he will serve a minimum of 17.5 years in prison.
Ending up with a revoked license often leads to cases such as this – where multiple dire violations occur within a very short span of time, leading to even greater consequences. Though it may be a long process, the best course of action is to follow the proper procedure toward getting your license reinstated. Should you find yourself with a revoked license, you will be deprived of your right to drive unless you prepare yourself for an appeal.
Revoked v. Suspended License
So what is the difference between a revoked license and a suspended license? A suspended license is given in most first-time or standard driving violations. You cannot legally drive during the suspension. It is easier to remove and is usually only for shorter amounts of time.
A revocation is a determined effort by the State of Michigan to keep you off the road. Revocations are enforced after multiple, serious offenses while driving. Your license can be taken in this way after hurting another driver, multiple DWI’s, or other serious driving offenses. Revocations also have durations, but they often last much longer than a suspension and there are very few ways to lift them prematurely.
Getting Your Revoked License Back
The first thing you need to do is get a legal team that can clear your record. Gather the documents appropriate to your case and consult an experienced driver’ license attorney, such as those at Grabel & Associates, who can help you make the best case possible and secure an optimal resolution for your situation.
There are five conditions, which can quickly over turn the revocation on your license. If you believe that the investigation or hearing proceedings around your case violated any of these six points, you may have a case. Flaws in the case in these ways are usually rare, but examine every part of the proceedings. For circuit court appeals only:
- The proceedings were in violation of the Federal Constitution, State Constitution of 1963, or a statute.
- The case was outside the jurisdiction of the Secretary of State.
- The case was made upon unlawful procedure resulting in material prejudice against you.
- The case was not supported by competent material or substantial evidence.
- Arbitrary, capricious, clearly an abuse, or unwarranted exercise of discretion.
- Affected by other substantial and material error of law.
Next, schedule a hearing at the Administrative Hearings Section (AHS), formerly known as the DAAD or DLAD. You may choose to represent yourself at this hearing, but you are making a mistake if you do. Being denied at this stage of the appeals process can only hurt you. This is where having a strong, experienced legal team behind you is key. In Lansing, AHS hearings are heard at The Capital Area Super!Center, which is located at:
3315 E. Michigan Ave. Ste. 1
Lansing, MI 48912
Should you be denied during the appeals process, not only will you be forced to endure without your license; any other chance to appeal your case is in jeopardy. A hearing can take weeks, if not months. By the time your efforts are declined by the state, you may only have days left to act. The hearing will likely turn down any appeals made quickly after a denied one. In reality, you only have one shot at over-turning the determination.
While you are in the appeals process, do not attempt to drive with your revoked license. Being caught driving in these circumstances can be serious, particularly if you are under the influence while doing so. Merely being arrested for driving with a revoked license will result in a fine (usually around $500) and an average of 93 days in jail. If you are arrested a second time under these circumstances, fines increase to $1,000 and you can spend up to one year in jail. If you cause injury or vehicular damage, you can be charged with a felony.
Fighting this sort of sentence is a legal matter, which requires wisdom, experience and talent. If your license is revoked, you are under the thumb of the state. With your back against the wall, you need the help of a legal team that will explore every nuance of your case and find a way to exonerate you. Call Grabel & Associates today for a free consultation at 1-800-342-7896 or contact us online to start the process of getting back behind the wheel.