How to Appeal a Driver's License Hearing Decision
Individuals who request and subsequently go through a DAAD (Driver Assessment and Appeal Division) hearing only to end up losing often wonder how to go about appealing the driver's license hearing decision. Living a normal life, working, and attending important events, meetings, doctor appointments, etc. is nearly impossible without a driver's license. At Grabel & Associates, our Michigan driver's license lawyers understand that often times individuals either choose to go through the hearing process without legal representation, or choose an attorney who does not focus on this niche area of the law and is therefore ineffective. Can you appeal the decision made at your driver's license hearing, and if so, how?
You Have Only One Opportunity Each Year to Request a DAAD Hearing
Individuals who do not win a restricted license through a driver's license hearing must wait for an entire year before requesting a DAAD hearing again. However, should you decide to appeal the decision made by hearing officers, you may appeal the decision to the Circuit Court located in your county.
Appealing the Decision to Your County's Circuit Court
Should you decide to appeal the decision made by the hearing officer in your local Circuit Court, be aware that this is not an additional hearing. During your DAAD hearing, the hearing officer must keep a record of every single reason your appeal for a driver's license was denied - he or she must be explicit in this information. Appealing the decision in a Circuit Court should not be considered a "second chance," as there will not be another hearing for you to present your case.
What does happen in an appeal to the Circuit Court?
Essentially, it must be proven that the hearing officer made a legal error which is serious enough for the ruling to be voided. The Circuit Court judge will be presented with the transcript of the hearing with the DAAD that you lost, along with a legal brief. Ultimately, the Circuit Court judge must find that the hearing officer in your original appeal hearing made a substantial or prejudicial mistake, which would make the ruling illegal. It is essential that you have a skilled and experienced Michigan driver's license attorney represent you should you choose to appeal to the Circuit Court, as DAAD hearing officers are licensed attorneys, and very skilled at what they do.
It all comes down to whether the hearing officer at your DAAD hearing applied the law correctly in determining to deny your request to have your license restored. The Circuit Court judge must come to an undeniable conclusion that the hearing officer erred, which is not typical.
These matters are discussed in Michigan statute MCL 257.323. Section (4) which states that the Secretary of State's determination regarding your DAAD hearing may be set aside by the Circuit Court if your substantial rights have been prejudiced according to the following:
The determination is found to be:
a) In violation of the Constitution of the United States, the State Constitution, or a statute
b) In excess of the Secretary of State's authority of jurisdiction
c) Made upon unlawful procedure resulting in material prejudice to the petitioner
d) Not supported by competent, material, and substantial evidence on the whole record
e) Arbitrary, capricious, or clearly an abuse or unwarranted exercise of discretion
f) Affected by other substantial and material error of law
You must file and appeal within 63 days of the final determination from your DAAD hearing; additionally, it is required that 50 days notice is given to the Secretary of State prior to the Circuit Court hearing date.
As you can see, winning your driver's license back either through a DAAD hearing or through appeal of the decision made by the hearing officer to the Circuit Court is not a simple matter. To ensure you are well prepared, have all required documentation in place and have the best possible chance of winning, it is imperative that you consult with a capable Michigan driver's license appeals lawyer. Contact Grabel & Associates today for strong, effective legal guidance at 1-800-677-9795.