You are not required to hire a lawyer to go before the DLAD, but you definitely
do not want to hire the wrong lawyer!
Are you prepared to do this on your own?
At the Michigan drivers license appeal division, a person may be represented by
an attorney, but the revoked driver is not required to have a lawyer at the
hearing.
So, should you have an attorney when you appear before the Michigan drivers
license appeal board?
Remember that these hearings are conducted in a formal manner, much like a
courtroom proceeding. A record is made, recording all verbal testimony, and
exhibits and testimonial letters are received by the Hearing Officer. Witnesses
may also be called at this hearing, and all parties who offer testimony are
required to be placed under oath. This can be a little daunting for some, but
Michigan drivers frequently appeal a revocation without an attorney, and the
DLAD Hearing Officers will assist the petitioner through some of the
formalities.
It is a myth that you always lose your first time around.
Although a person may appear before the DLAD without a lawyer, this is not
recommended. A popular myth about Michigan driver's license reinstatement is
that a person cannot get the driver's license back after the first year. This
is absolutely not true! If a person has worked hard to establish sobriety, if
testimonial letters and substance abuse reports are in order, and if the person
is well prepared for the hearing, there is no reason why the Hearing Officer
will deny the petition to restore the driver's license. But people generally
make mistakes when they apply on their own, leading to the myth that everyone
is denied on their first application.
We do not recommend that you apply for your license without a GOOD lawyer!
The myth that the DLAD denies every license after the first year has been
spawned by motorists who go to the hearing unrepresented, or represented by a
lawyer who unfamiliar with the requirements regarding a Michigan driver's
license restoration. IF YOU ARE NOT COMPLETELY PREPARED FOR THE HEARING, YOU
WILL LOSE THE HEARING. Preparation is critical, and even if a person has
maintained sobriety and has positive reports and good letters, the petitioner
maintains the heavy burden of proving his or her case by clear and convincing
evidence. A good driver license restoration lawyer is critical in this respect.
When you go unprepared, or if an unqualified lawyer hurts your case...
If you do not hire a Michigan driver's license restoration lawyer, you save the
money you would have spent on that attorney. But on the other hand, even if you
can afford to wait another year or two before you get a license, the damage
that you can do to your own case might make it much more difficult for the
lawyer to actually win your license restoration hearing. Our advice is to hire
the best lawyer you can afford before conflicting testimonial evidence,
conflicting dates and conflicting reports create additional problems.
