When an individual's license has been revoked for two or more alcohol related convictions, he/she may file with the Secretary of State for an administrative hearing to be held to determine if a reinstated license should be issued.
The hearing officer will not be concerned with hardships; for example, that the petitioner has a family to support, that there is a need to transport aging parents to and from medical care, that a license is necessary to obtain/ maintain employment, etc. Don't "waste" the little time you have at the hearing arguing hardships. Instead at the hearing you should concentrate on the following four factors:
1. Whether any substance abuse/ dependency problems that is now under control and will remain under control.
2. Whether there is a low or minimal risk of repeating prior abusive behavior relative to alcohol and/or controlled substance.
3. Whether there is a low or minimal risk of driving while impaired or intoxicated.
4. Whether the necessary period of abstinence has been maintained.
These factors must be shown by clear and convincing evidence. To optimize the probability of success a strategy should be developed prior to the hearing. Keep in mind, you must preserve the record for a possible appeal to Circuit Court at the administrative hearing so it is important to have representation who is familiar with the process.
For more information please contact us at 517.351.6222 or at info@jwbissell.com.
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