DRIVER’S LICENSE RESTORATION: APPEAL BASED ON HARDSHIP

by Van Den Heuvel Law Office

In Michigan, the loss of a driver’s license can be devastating for a person’s personal and professional life. Unlike smaller states that have well developed public transit systems, unless you live in a major metropolitan area your options for getting to work, school, running errands, and more are all impacted by the loss of a license. Thankfully, the state provides two ways that a person can get his or her driver’s license back after it has been taken, and one of those ways is through an appeal based on hardship. For legal help getting your driver’s license restored in Michigan, call or contact the Van Den Heuvel Law Office today.

What is an Appeal Based on Hardship?

A person can get their driver’s license back through an appeal based on hardship in limited circumstances. First, the driver’s license has to be suspended and not revoked. If revoked, a person must wait the minimum amount of time set by law before applying for a new license. If the license has only been suspended, an appeal of hardship is available for those who had their license suspended due to a first time implied-consent violation, Driver Assessment restriction or suspension, driving while on a suspended license, or a denial of license due to a physical or mental disability or disease.

It is important to note that an appeal based on hardship cannot be applied for if the driver’s license suspension was caused by a conviction for driving under the influence. Michigan law no longer provides that as a cause for appeal based on hardship.

In order to prove an appeal based on hardship, a person must file a motion in circuit court and have a hearing. At the hearing, the petitioner must show that there is a real and true hardship associated with your ability to go to work, school, perform obligations of probation, or other important issues. Public transportation or other reasonable accommodations cannot be available in order to win an appeal based on hardship.

How a Lawyer can Help

Winning an appeal based on hardship for a driver’s license is far more complex than simply showing how far away you live from your work. The request being made is to overturn a driver’s license suspension, which is something that the court will only agree to under the most compelling circumstances. An experienced attorney is the best chance for proving the need for a driver’s license based on hardship. Your lawyer will bring in all relevant evidence, including medical histories, witness testimonies, probation records, alcohol test reports, or whatever other evidence is necessary to prove that not only do you need your license but that you will also be responsible once you have it back.

Call or Contact Our Office Today

To learn more about how to win an appeal for your driver’s license based on hardship, reach out to the experienced attorneys at the Van Den Heuvel Law Office today to schedule a free consultation of your case with an experienced Michigan attorney.

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