Lapeer, MI asked in Appeals / Appellate Law, Traffic Tickets and DUI / DWI for Michigan

Q: If I ask for driving license hearing reconsideration, with new evidence, can I still appeal if they deny me again?

I’m in Michigan. I was previously granted my license then lost it to a technicality, had a breathalyzer in car and battery died which caused it to say I was tampering with it, I appealed that and won and was granted license back. Before my license paperwork came I drove stupidly for dr appt and ended up with driving on suspended. Waited a year and just had hearing. Was denied because the substance abuse evaluation left out I smoked weed a couple times over 20 years ago. So the counselor is redoing it including that I’m at no risk for relapse with pot. I am taking another 13 panel drug test, and getting even more community letters. I just want to make sure that if I ask for a reconsideration if for some reason they still deny me, can I then appeal and go in front of judge? Or does the reconsideration count the same as an appeal and I’ll have to wait another year.

1 Lawyer Answer
Frank B. Ford
Frank B. Ford
PREMIUM
Answered
  • Traffic Tickets Lawyer
  • Dearborn Heights, MI
  • Licensed in Michigan

A: I doubt that they will allow you to have a reconsideration. But to answer your question, if they did give you a hearing for reconsideration and you again lost, you could still appeal to Circuit Court, if the situation falls within one of the limited circumstances in which an appeal to the court is allowed. There would be some additional information I would need, in order to offer any opinion as to whether or not your situation fits one of the allowable circumstances for an appeal to court. It sounds like it may fit. If you do have a situation that would allow you to appeal to Circuit Court, then it might make more sense to simply proceed with an appeal there, rather than spend more time preparing for a re-hearing and waiting to get one scheduled. You need to talk about this with an attorney who is very experienced in handling driver's license cases, and do it soon. Sincerely, Frank B. Ford

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