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Hi this is attorney Matt Benedict thanks for watching Music this is driver's license restoration a few of the circuit court a basic evaluation in Michigan this video is for the person that has already held a hearing in front of the Secretary of State and the Secretary of State did not reinstate their license I want to provide the viewer with an idea of what facts and circumstances may warrant involving an attorney in their appeal the following are some circumstances and events that I look at when I am reviewing a clients' opinion order for appeal before I get into the substance of this video I'd like to remind the viewer that the best strategy for getting your license back in Michigan is to hire an attorney to represent you at the Secretary of State hearing the reason it's so important to hire an attorney for the initial Secretary of State hearing is that number one is a very good chance that with enough preparation you can be awarded a driver's license from the Secretary of State in the initial hearing and number two as for appeal the petitioner that hires an attorney for the Secretary of State hearing is far more likely to have developed a case that touches on all the essential elements for restoring your driver's license once this happens the appeal to the circuit court will become easier and more successful in this slide I provide the grounds in which an appeal may be brought to Circuit Court not every hearing before the Secretary of State results in an error that will permit an appeal for driver's license restoration case an appeal must be filed in the circuit court within 63 days of the hearing now I'm going to get into some areas and ideas that I look for when I'm trying to determine if a petitioner has a good case for an appeal to the circuit court the rules for the Secretary of State require them to find that the petitioner had sobriety for over a year in this situation at the hearing the petitioner did demonstrate that they've been sober for over a year, and they had the evidence to cooperate their abstinence from alcohol the witness letters have to state that they have been around the petitioner when there's been alcohol consumed and petitioner Hesse doesn't drink in this slide I'm talking about stating conclusions without backing it up with facts or testimony from the hearing and when I see this it begs the question do they even have a transcript to reference or did they do the Hearing Examiner make up their mind almost immediately in this slide I'm talking about the hostile Hearing Examiner, and I've blogged about this at length that the hearing examiners job isn't necessarily to give you a license and sometimes at the hearing you can almost sense that they have become frustrated and or angry with petitioner when this happens the Hearing Examiner is more likely to run afoul of their permanent duty to assist the petitioner some other signs that the Hearing Examiner is not following their terms of duty to the system petitioner would...
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