Part 2 of 5: Initial Preparation, Documents and Planning for a Michigan Driver’s License Appeal Division Hearing

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Our attorneys place a great deal of emphasis on the planning and preparation stage of a Michigan driver’s license restoration case. We prepare a driver’s license restoration case based upon several factors including one’s substance abuse history, diagnosis and prognosis. A large part of planning is organizing the evidence and prioritizing documents which will be submitted to the Driver’s License Appeal Division (DLAD). The evidence which is utilized will vary depending on whether a person is diagnosed as an alcoholic/dependent or an abusive drinker. It is important that a person understand that all evidence submitted for the purpose of a DLAD hearing, including all testimony, will be retained and recorded by the DLAD, and may be used in future hearings.

We are often able to find past documentation that may seem useless such as random alcohol/drug testing results, prior substance abuse evaluations or verification of counseling. On the other side, inappropriate documents or letters which are submitted to the DLAD can cast doubt on the case and devastate any chance of a license restoration for several years. Initially, our firm will ask for certain documentation to prepare for a DLAD hearing, including the following:

1. MASTER DRIVING RECORD:
We need to obtain the lifetime history of drinking and driving cases along with all prior substance abuse offenses of the person seeking a license restoration. Therefore, obtain a master driving record from a Michigan Secretary of State office along with any other documentation pertaining to past criminal convictions which involve alcohol or drug crimes before you meet with an attorney. The DLAD will question a revoked person about all prior substance abuse convictions, including non-driving offenses such as minor in possession of alcohol (MIP) or possession of marijuana.

2. OTHER DOCUMENTS: Save all documentation from prior court cases, probation departments, counseling records, AA sign-in sheets and letters from the Secretary of State. We are usually able to find positive documentation which we will use as evidence in one’s case.

3. PRESCRIPTION MEDICATIONS:
If you take prescription medications for sleep, depression or pain, we will ask for you to obtain a letter from your doctor regarding your ability to drive safely upon use of these medications.

4. SUSTANCE ABUSE EVALUATION:
A substance abuse evaluation is required and is the cornerstone of a DLAD hearing. The evaluator is required to include many variables relating to a person’s substance abuse history, diagnosis and prognosis for continued sobriety. The evaluator must also comment as to whether the offender’s likelihood for continued sobriety is poor, fair, good or excellent.
The evaluator may perform some tests before the report is finalized. One of the tests utilized is called the Michigan Alcohol Screening Test (MAST). Click here for a look at the MAST testing questions.

5. DRUG SCREEN: A 10 panel drug screen is also required for a DLAD hearing. The evaluator is often is able to obtain a urine sample and provide the drug screen along with the Substance Abuse Evaluation.

Part 1: Michigan License Restorations, Building A Mountain With Positive Evidence
Part 2: Michigan License Restorations, Initial Preparation Part 3: Michigan License Restorations, Getting Organized, Reviewing Questions
Part 4: Michigan License Restorations, The Hearing
Part 5: Michigan License Restorations, The Decision By The DLAD and Appeal Rights