Drivers License Appeals in Michigan

By Mara J. Wegerski JD

Shepard Law Office PLC

If you have lost your license there is a way to get it back! Michigan has set up an appeals process through the Driver’s License Appeal Division (DLAD) of the Department of Motor Vehicles. This process differs depending on why you actually lost your license, but can be used by any person who does not currently have a license or has tried to have their license re-instated and has been denied.

If you have lost your license due to an alcohol related offense there are several steps that must be taken prior to filing a DLAD appeal. First the person must successfully complete an alcohol evaluation and demonstrate that they have stopping using alcohol, completed alcohol therapy, show that they have regularly attended an alcohol support groups, provide letters from family and friends demonstrating a change in that person’s lifestyle and how being alcohol-free has impacted their life. Finally the person requesting the appeal must show a genuine need to get their license back.

If you have lost your license due to a driving on a suspended or revoked license ticket or some other traffic offense related citation you will be notified of a date when you will be eligible to get your license back. You may appeal to DLAD prior to this date; however only under exigent circumstances will your appeal be granted.

If you have lost your license and need to get it back please do not attempt to do so on your own! There are many minor details that are required to ensure that your appeal is successful!

DUI lawyer Troy MI | DUI attorney Troy MI

By: Matthew C. Shepard

Attorney & Counselor

Shepard Law Office PLC

In Michigan there is no such thing as a criminal expungement. In Michigan the proper term is a “Motion to Set Aside a Conviction”. With this said, who is eligible for an “expungement”?

1. Only have one criminal conviction on your record (the one you want set aside).
2. Five years have passed since the last action was taken on the matter. This means that if you were on probation, five years have passed since you were taken off probation, not the date of conviction.
3. Does not fall under one of the crimes that specifically listed as non-dismissible crime - this includes sexual offenses and drunk driving.

If you meet all the requirements then a notice would be filed with the court where the conviction occurred. You would submit fingerprints, then the Attorney General, Prosecutor and the Michigan State Police would be contacted, approximately 90 days later a hearing would be held.

Eligibility does not guarantee the motion will be approved, preparing for the hearing is as important as meeting the eligibility requirements, the hearing is the only opportunity where either you or your attorney will have the opportunity to explain to the judge not only that you are eligible but why the motion should be granted.

If the motion is granted, what affect does this have on the application?

1. The conviction is removed from your public record, a non-public copy is maintained for law enforcement.
2. When you are asked on a job application if you have ever been convicted of a crime, you can answer “no” truthfully.
3. If the prior conviction was for a felon, certain privileges that you were barred from doing are lifted.

In conclusion, if you have a conviction on your record and it is hindering you in some way, filing a motion to set aside the conviction may be an option for you.

By Mara J. Wegerski

Attorney & Counselor at Law

Shepard Law Office PLC

There are many of ways an Operating While Intoxicated (OWI) conviction can restrict and potentially ruin your life. One way many do not think of is access to Canada.

When you approach the border to Canada you are subjected to a quick license check. This check shows your criminal history to the Border Patrol. There is a long list of offenses that will keep you out of Canada and one of them is drunk driving – this includes convictions or pleas for Operating While Intoxicated, Operating Under the Influence of Intoxicating Liquor or any illegal substance as well as Operating While Impaired.

If you need to go to Canada for any reason, and you have one of these offenses, you need to request permission from them by applying for criminal rehabilitation. This process is similar to an expungement in the US legal system.

In order to apply for rehabilitation you cannot be on probation or parole for any reason.

The application itself requires letters from the Courts where you have been convicted, several sets of fingerprints along with a laundry list of other documents. You want to make sure that you have all the required paperwork prior to submitting your application process as it may take up to a year for a decision to come down.

Obviously, the way to avoid this problem is not to get an OWI, however, if you do seek legal assistance. There are more restrictions than you think!