Losing your driver’s license is a hassle and often results in a lower-paying job. However, Michigan provides two ways to appeal your driver’s license suspension and both are before the circuit court in your county. These two methods are appeal based on merit or appeal based on hardship. The following are the 8 steps to appealing your driver’s license decision in order to reinstate your license.
The venue for appeal is controlled by MCL 257.323(1) and determines where you should file your case as follows:
Timing is also important here. MCL 257.323(1) states that appeals should be made within 63 days of a determination. After that period of time, good cause must be shown, a petition made within 182 days of a determination, and the court may refuse to hear your driver’s license appeal.
It is important to know what type of appeal you will be filing: (A) an appeal based on merit, (B) an appeal based on hardship. The first type of appeal focuses on the legal process and why your license was improperly denied, while an appeal based on hardship asks the court to grant relief based on your individual circumstances (lack of adequate public transportation, minor children’s needs, etc).
Appeals based on Merit are grounded in MCL 257.323(4) and cover the following:
Appeals based on hardship are grounded in MCL 257.323(3) and cover where a license is suspended due to:
Whether you appeal based on merit or based on hardship, your driver’s license appeal must contain:
If your appeal is based on merit, you should order a transcript or official record of the Administrative Hearings Section (AHS) hearing. Contact the Department of State at the following address and order the transcript:
Michigan Department of State
Office of Hearings and Administrative Oversight
P.O. Box 30196
Lansing, MI 48909-7696
Phone: (517) 322-1460
Fax: (517) 335-2190.
It is important to note that some courts require the transcript while others do not. However, it is best to be prepared for questions regarding the administrative hearing.
An order to show cause is needed in order to set your matter for a hearing. Courts will generally set said hearing not more than 63 days from the date of signing the show cause order (see MCL 257.323(2)).
To file your claim, you must bring your claim of appeal along with all supporting affidavits, the filing fee, and order to show cause to your jurisdiction’s circuit court clerk. Further, upon filing your case, you will need to obtain a date for the hearing (this will come from the order to show cause signed by the judge). You will then file a notice of motion, giving notice of the date of hearing to the Secretary of State with the following timelines:
To serve the Secretary of State and their representatives, you must send copies of your appeal, supporting documents and affidavits, the order to show cause, and the motion praecipe (notice of motion), and proof of service to:
Michigan Department of State
Administrative Hearings Section
P.O. Box 30196
Lansing, MI 48909-7696
Again, the following timelines apply:
Documents are best served by sending them via a mail carrier to the address above while simultaneously filing a proof of service with your circuit court clerk (remember, any filings submitted to the court must be submitted to the opposing side).
The court may always require you to file a brief, however, if you are filing a merit-based appeal under MCL 257.323(4) a brief is required.
First, you should be aware that the circuit court may affirm, modify, or set aside the restriction, suspension, or denial of your license. In addition, a full license is only granted in cases where the appeal is based on merit under MCL 257.303. However, the court may grant a restricted license in other cases.
In preparing for your hearing, consider that the court will likely need proof of how your substance abuse or bad behavior is taken care of. Therefore, it is advisable to have a substance abuse evaluation done before your driver’s license appeal hearing.
Navigating a driver’s license appeal can be difficult and can feel overwhelming. Before you file and certainly before you fire off an incomplete or improper appeal, contact our experienced legal team in Grand Rapids at 616-698-0000 or complete our online contact form to request a consultation.
To talk with our attorney about your legal concerns, contact the Van Den Heuvel Law Office by calling 616-698-0000. You may also complete our online contact form. After-hours consultations are available by appointment. We are also available on Skype by appointment.