Depending on whether your license has been "suspended" or "revoked" will dictate what type of relief is available to you. The distinction is often overlooked by the layperson but the difference is huge.
The very definition of the two words suggests that their is a, stepped up urgency, if you will, between "suspension" and "revocation". And in fact their is. When a license is "suspended", generally speaking, it will AUTOMATICALLY revert back to active status (not suspended) upon the happening of a specific event, (i.e., the payment of fines or costs, the passage of a defined period of time). When a person's license is "revoked" it will never automatically do anything. Revoked here, as in the normal sense of the word means taken away, stopped, gone....period!!
Not to fear! Revoked doesn't necessarily mean gone forever. But the situation will take quite a different approach to achieve the relief the client wants....driving privileges.
First, the easier one. When a person's license is suspended because of a first impaired driving conviction or impaired driving conviction due to consumption of drugs for example, their license will be "suspended" for a defined period of time. In addition to this period of time, fines and costs will be assessed against the individual. Once the fines and costs are paid and the time period has lapsed, the person will be eligible to go to the Secretary of State to have his license automatically restored upon the payment of a reinstatement fee (you didn't think the Secretary of State was going to forget to get theirs did you?!?) remember its all about the money - well mostly.
The only caveat here is what happens when an individual forgets and/or fails to pay the court ordered fines or costs. In that event, a bench warrant is issued against the person. If that happens it would be wise, at this juncture, to retain a lawyer to help resolve the issue, because with this scenario the person is vulnerable to arrest at any time. Generally speaking, the police will not actively go and search for the person (and i do say generally because sometimes they do) in order to have them appear in front of the judge, but if the police roll up behind you while driving then all bets are off as to whether or not your going to jail. Once a bench warrant is issued against you the simple option of making your payment to the court for court ordered monies is gone and an appearance before the judge is required. Jail is an option for the judge at this juncture, especially if the individual still has not paid the court ordered fines/costs and that is why an attorney is a good thing to have at this stage.Finally, if a bench warrant is issued against you, the best approach is to resolve it as soon as possible - the longer you wait the more tenuous it becomes when appearing in front of a judge to try to explain.
When a Michigan drivers license is "revoked" on the other hand,the only way to resolve the revocation is by hearing (either before a Secretary of State hearing officer or a Circuit Court Judge). Once a license is revoked, eligibility must first be established and can be done only with the passage of time. The first task for my office is to order a driving record from the Secretary of State to determine the clients eligibility date. If your eligibility is established then we can jump right into preparing for a hearing.
The first (and only, hopefully) hearing is conducted in front of a Secretary of State hearing officer, and, for those who's underlying problems originated in Genesee County, the hearing would be conducted in person, in Lansing. Now, earlier i alluded to the fact that there is "other" relief available in Circuit Court, however this is only in the event that things do not go well in the Lansing hearing. This event should be avoided if at all possible ( for the obvious fact that this approach would require more money, time and anxiety). After nearly 23 years of practicing i have learned how to adequately prepare for the "first" hearing so as to make any appeal to a higher Court unnecessary.
But i cannot stress enough the fact that you get only one hearing per year and so you had better be completely prepared. Don't guess, call the Law Offices of Martin Lievois and get back on the road the first time!!
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