Recent Blog Posts

Medical Marijuana Defense

Shaun Marks — Mon, 06 Feb 2012 22:45:00 GMT

Recently I represented a really good, hardworking guy that got caught up in the total confusion of the state's medical marijuana laws. These laws are vague at least, and there are a lot of gray areas that haven't been fuly sorted out in the courts yet. Some counties have been very aggressive in challenging this law. This guy got involved in that mess.

He had a medical marijuana patient and caregiver card from the State. He was growing his medicine in his basement and one day the police just showed up without a warrant raising cain about coming in his house and checking his compliance. He didn't fully understand the medical marijuana laws and he was doing a few things wrong. It's a good thing he knew a great criminal defense attorney because he got charged with 5 serious felonies, two of which carried mandatory minimum prison sentences. Plus, they seized a lot of guns and other property and filed a forefeiture for those things. This guy was scared to death that he was going to prision!

Luckily, after working on the case for almost a year, we were able to negotiate a deal where he got a misdemeanor and the felonies were dropped. He got 18 months probation and gets to keep and use his medical marijuana card.

Another DUI Dismissed!

Shaun Marks — Thu, 02 Feb 2012 22:33:00 GMT

Today I had the pleasure of obtaining another great result for a client that really deserved it. This guy got stopped for crossing the center line and blew .08 on the first test and .07 on the second blow. He got charged with OWI and retained me to fight for him. After I examined the case I beleived that it was very weak for the prosecutor and he did not have enough evidence to have better than a 50/50 chance of conviction. When we showed up for trial and I was ready to go and began talking to the prosecutor about how the cop didn't properly evaluate the field sobriety tests and how my client blew one test over and one under, I told him he had problems with this case. He talked to the police officer and then asked me if my guy would take a deal for a civil infraction ticket and he would dismiss the DUI charge. Rather than take the chance that he might posssibly be convicted ( you never know what a jury will do at trial) he took the deal and walked away with a $185 fine, no probation, no alcohol classes or treatment, no license suspension, no random testing, no driver responsibility fees and , most importantly, no criminal record. Wow, what a huge advantage for him. It makes me feel good that he was so thrilled with the result and that I could help him see fair justice.

Felony Drunk Driving - 3 Strikes You're Out!

Shaun Marks — Mon, 16 Jan 2012 18:15:00 GMT

In 2008 Michigan enacted a felony DUI statute that allows any person with two prior drinking and driving convictions in their lifetime to be charged with a felony on their third arrest. Many people call me seeking advice about their recent arrest and when I ask if they have any prior OWI convictions they are shocked to learn that the reason they didn't get a ticket this time like the other times is because they are being charged with a felony DUI. Often times clients mistakenly believe that because their prior convictions were so long ago that it won't matter. However, this law indicates that any third offense in your lifetime, no matter how long ago the prior convictions took place, can be used to charge a felony offense. Obviously, this is very serious as the consequences of a felony conviction will be life-changing.

The consequences for a felony OWI in Michigan can include up to 5 years in prison, 30 to 365 days in jail, community service, rehabilitation, fines up to $5000, probation, and reimbursement for the costs of prosecution. And, usually by the time you are charged with a felony DUI you can kiss your license goodbye. Even if you are eligible to get it back any time soon, it will be a very difficult process to get it restored. For more info on the license restoration process please see this blog article: http://www.michigandrunkdriving.com/Flint-Criminal-Defense-Blog/2011/November/Drivers-License-Appeal-and-Restoration-Part-1.aspx

If you find yourself or a loved one in this terrible situation it is imperative that you seek the advice of a very experienced and qualified criminal defense attorney right away. Do not wait until you are notified to go to court! The felony warrant process can take months and it may seem like maybe your case fell through the cracks after your arrest. Don't be fooled by this delay. You can be assured that if this is your third arrest for drinking and driving, the police will make sure that you are charged with the most serious offense possible. This delay from arrest to arraignment (first court appearance) is when you should be working with a highly trained DUI attorney to formulate a strategy for your defense.

Super Drunk Has Super Consequences

Shaun Marks — Mon, 26 Dec 2011 16:00:00 GMT

In October 2010, Michigan put into effect a new drunk driving law affectionately called "Super Drunk." The proper legal term is Operating with a High BAC, however, it has come to be known by it's more generic name, Super Drunk. This law applies to first offenders of the State's drinking and driving laws and applies to any first offender arrested with a breath or blood alcohol level of .17 or higher, you will be subject to enhanced penalties than a first offender with a BAC below .17.

The more severe penalties include a one year treatment program. This is the longest treatment requrement for any drinking and driving offense. This new law also includes increased jail time of up to 180 days and increased fines of up to $700. License penalities are also increased: a one year suspension, with a restricted license available after 45 days, but only if you pay to have an ignition interlock device (breath test machine or blow n go, as some people call it) on your car for the remaining 320 days. Obviously, this make this new effense much more expensive as these interlock devices cost about $50 to install and about $80 - $100 per month to rent and have calibrated.

If you find yourself charged under the Super Drunk law, you should contact an expereinced DUI attorney immediately. The consequences can be life-changing.

Does Your Lawyer Have The Experience, Knowledge and Training It Takes to Win

Shaun Marks — Thu, 22 Dec 2011 23:11:00 GMT

For 17 years I have exclusively practiced criminal defense with the majority of that in the field of DUI and OWI defense. Since the very first day I have taken very seriously the trust that my clients have placed in me to handle these very difficult and emotional situations for them. As a professional criminal defense attorney, I believe it is extremely important to stay current and up to date on the most recent changes in my areas of practice. It is my professional obligation to never stop learning and to continually improve and find better ways to effectively represent my clients' interests.

From the very beginning of my career I have made a committment to attend at least three or four continuing legal education seminars or conferences every year. This helps to keep my mind sharp and prepares me with the latest information from the most authoriative sources on the lecture subjects and keeps me abreast of the constant changes that take place with the law. However, not all lawyers share this committment to continuing education. I know many lawyers who advertise or call themselves a "DUI specialist" or some other self-designated title that never attend any of these legal education seminars in their field. I know this because as a DUI attorney I take it upon myself to attend every one of these lectures in the state of Michigan and I see who is there. It makes me wonder how they can claim "specialist" status (which I'm not sure is ethical anyway) when they never go to any of these conferences or seminars.

Experience, training and knowledge are what make the difference in the results obtained for clients. Experience can only be gained with time. Older lawyers have it, younger ones don't. However, training and knowledge are easily acquired assets if you truly have the best interests of your clients at heart. I have attended the annual Michigan DUI Defense Update every year since 1995. In addition, I have also attended many conferences sanctioned by the Criminal Defense Attorneys of Michigan and the Institute of Continuing Legal Education. As further evidence of my committment to my clients and my profession, I have most recently graduated from the Criminal Defense Attorneys of Michigan Trial College and been certified on DUI Detection and Standard Field Sobriety Testing by the National Highway Traffic Safety Administration. This is the exact same training received by police officers engaged in alcohol enforcement. It is also my honor to have been admitted as a member of the prestigious National College for DUI Defense. I take seriously my obligation to my clients.

So, next time you are consulting with a criminal defense attorney or drunk driving lawyer, ask him or her what type of training they have taken or certifications they have obtained in order to call themselves a specialist.

DUI and OWI Holiday Enforcement

Shaun Marks — Tue, 22 Nov 2011 23:03:00 GMT

Starting the Wednesday before Thanksgiving and continuing into the New Year you can expect to see more police officers patrolling the streets on the look out for potential drunk drivers. As always, Michigan law enforcement begins it's "Red Ribbon Campaign" to increase awareness about drinking and driving over the holidays. The day before Thanksgiving is traditionally one of the biggest party nights of the year and the police know it. Many people will stop for a drink after work to begin the Holiday Season and rather than find themselves enjoying a turkey dinner with their family, they are calling from jail hoping to get home before the pumpkin pie is gone. Don't let this happen to you. A little advance planning and good judgment will go a long way to prevent a holiday good time from turning into and holiday nightmare. If you will be drinking at the bar with co-workers or at holiday parties, please consider having a designated driver. Or plan to have a cab or ride service handle the driving if you know you will be drinking. Although it may be a hassle and will cost a little money, it is a lot cheaper in the long run to pay for the ride now than to pay for a DUI or OWI lawyer later.

If you find yourself or a loved one in the unfortunate situation of dealing with a drinking and driving charge, it is very important to obtain the very best legal counsel you can immediately. As aDUI defense attorney with 17 years expereince I have provided exceptional legal representation to thousands of clients in all courts throughout the state. Please call 810 234 0700 or 248 620 7166 to speak to a criminal defense atttorney if you have any questions regarding your legal rights. I am always happy to answer any questions you may have.

Merry Christmas and Happy New Year

Be Safe

Drug Crimes - Did You Know?

Shaun Marks — Thu, 10 Nov 2011 17:50:00 GMT

Since 1994, I have represented hundreds of people charged with various drug crimes. However, I have talked to even more people that went to court for a small amount of marijuana or some other drug and were later shocked to find out how serious the consequences can be. Most people don't know that a drug offense will appear on their driving record and they will have a suspended license (even if they weren't driving with drugs), they can be disqualified from public assistance benefits, they can be disqualified from Federal student loans or grants for school, and they can be prohibited from exercising their 2nd Amendment right to own or carry a firearm for self-defense. If you are not a U.S. citizen the consequences can be extreme, up to and including deporation and removal from the country, no matter how long you have lived here.

Also, don't be fooled by thinking that prescription drugs are less serious than illegal street drugs. In fact, criminal law violations involving prescription drugs can sometimes be worse than for illegal drugs like marijuana, cocaine and heroin. As a criminal defense lawyer I have represented many people who had prescriptions, but were carrying the pills illegally or driving a car while under the influence of drugs. Many people believe that if they have a prescription it can't be illegal. This is not true. Most people charged with DUI drugs have a valid prescription. Also, many people with prescriptions are shocked to find out that they can be charged with a felony for certain prescription violations.

A drug charge also has serious implications for certain careers. Anyone who works in a profession that requires a state occupational license or certification should take any drug charge very seriously. Health care professionals like nurses, dental hygienists, pharmacy technician, physical therapists, dieticians, etc.. all have a lot at stake with any drug charge. Even students attempting to enter these professions should be concerned. Commercial drivers, pilots, accountants, lawyers, armored car and security personnel all have their career at risk with a drug charge. Even building trades like plumbers, pipefitters, sheetmetal workers, etc.. can have job problems if they work at any federal or state facility that requires a background check for working at that location. In addition, military enlistment options can be denied for any person with a drug conviction.

The point is, any drug charge, no matter how small, is serious and will carry many long-term and indirect consequences that you probably aren't aware of. A good criminal attorney in Flint and Genesee County can sometimes help you avoid some of the unnecessary sanctions.

Domestic Violence - Serious Consequences!

Shaun Marks — Sun, 06 Nov 2011 16:55:00 GMT

Domestic violence is a special form Assault and Battery that can carry extreme consequences. If you are charged with this offense you shoud seek the advice of an experienced Flint criminal defense attorney immediately. I can't tell you how many people call me after they go to court for this charge in Genesee County without an attorney and think it's no big deal only to find out months later that they had no idea what they were doing and that the conviction and it's resulting consequences could possibly have been avoided. By this time, it's usually too late.

Domestic violence is usually charged for an assault and battery against someone with whom you have a domestic relationship such as a spouse, girlfriend or boyfriend, or a child when you live in the same household. Even if you don't have that relationship, you can still be charged with this offense if you have a child in common with the victim. This offense involves the harmful or offensive unwanted touching of the victim. There is also an offense called Cruelty to Spouse-Nonviolent which can be charged even if there was no actual physical contact.

The consequences for a domestic violence conviction can be severe and because this offense is considered violent or assaultive in nature it should be avoided at all costs. In some cases, this conviction can lead to loss of employment depending on the occupation. Also, if you own any guns or have a Concealed Pistol License, or are required to carry a firearm for your job, you should retain a criminal defense lawyer immediately. This offense can preclude you from buying, owning or possessing a firearm. If you are a police officer or in the military then the implications are obvious.

Often times, a skilled criminal defense attorney will be able to assist you in providing options that prevent you from having this conviction on your record. Some people think that if the victim doesn't want to press charges that the case will be dropped. This is not true. Once the state and the prosecutor pick up the charges it is their choice whether to proceed or not. There are special court rules that allow a prosecutor to proceed to trial on this charge even if the victim doesn't come to court to testify.

Drivers License Appeal and Restoration, Part 3

Shaun Marks — Sat, 05 Nov 2011 23:04:00 GMT

Part 3

What If You're Denied

As I have previously stated several times in this series, this hearing process is no joke. The State hearing officer will give very serious consideration to returning driving privileges to a person whose license is revoked. Your chances at getting a license restored at this hearing without having an attorney are low, but not impossible. I have heard of some people who have been successful by themselves, although statistically the odds are clearly against you. However, just because you retain an attorney to assist you does not guarantee success. As a Genesee county DUI attorney, I have represented more clients before the DAAD than any other attorney in the area and even I do not have a perfect record. Any attorney who guarantees you a license or claims a 100% rate of success should be viewed with suspicion. No attorney can guarantee results or outcome.

Having said that, if you are denied there is an option to appeal the findings of the hearing officer to a Circuit Court judge. This is not another attempt to persuade a judge as to why you deserve a license, however. This is an appeal of the record, which means the judge will review the transcript of the hearing and all evidence and determine if the hearing officer's decision was properly based on the evidence. If the judge finds that some constitutional or statutory right was violated or that the decision was not based on substantial, material and competent evidence on the record or that the ruling was arbitrary and capicious, an abuse of discretion or against the weight of the evidence, the judge will over rule the DAAD hearing officer. In that case, a full license will be restored as this is the only option available to the judge.

Violations

If driving privileges are restored it will most likely be a restricted license with a condition of no alcohol use. To verify compliance with this condition, the restricted license will require you to drive a vehicle equipped with a breath alcohol ignition interlock device (blow n go machine). You must drive with this device for a minimum of one year and it cannot be romoved until to you appear for another hearing before the DAAD and the removal is authorized. This device requires that you blow a breath test before the car will start. After starting, the device will prompt you to perform a rolling retest at various intervals while driving. If any alcohol is detected, the vehicle will not start or will be shut down. The state is very clear about the condition of no alcohol use.

Any positive breath test above .02 will cause a fail to start and can be considered a violation. This a very serious problem and you should contact a qualified drivers license restoration lawyer immediately. This will most likely trigger a violation hearing where you must show cause as to why you did not violate the terms of your restricted license. Depending on the facts of the situation, this could cause a termination of all driving privileges.

You also can be subject to a violation or show cause hearing for any tampering with the device or attempting to circumvent the machine. This sounds technical, but it can be something as innocent as jumpstarting the battery or replacing the battery. Any work on the electronics of the vehicle should also be performed with the highest degree of caution. A missed interlock calibration appointment will also cause violation problems.

A cautionary word about violations. You are responsible for any breath test into the interlock device. So, if your spouse, brother, friend or uncle has to move or drive the vehicle and they blow a positive breath test, this will be held against you. You should be extremely careful about who has access to the vehicle with your blow n go on it. You will be provided with operating instructions for the interlock and information about what food, cologne, mouthwash or other substances can cause a false reading. Ultimately, you are responsible for the breath sample blown into the device and any explanation that it wasn't you or you did not know will cause you big problems at a violation hearing and could result in termination of all driving privileges.

You're Not Done Yet

If you were successful at obtaining a restricted drivers license, your experience with the DAAD is not done yet, as you probably want a full drivers license at some point. After obtaining restricted driving privileges, you must drive within the terms of the restrictions with the blow n go machine for at least one year. After one year, you are (guess what!) eligible to request another hearing before the DAAD for return of a full license. In any case, you must reappear for another hearing within two years or your restricted license will expire and you will be right back where you started.

At your full license hearing, you will be required to present new evidence of sobriety including a new substance abuse evaluation, drug testing and testimonial letters. You will also testify at this hearing. This is essentially round two of the hearing process and a repeat of the first hearing. In addition, the hearing officer will also have the benefit your interlock device report regarding any breath test issues. Further, they will review your driving record while on the restricted license to see if you received any tickets or were involved in any accidents.

To be clear, a full license reinstatement is not automatic just because you completed one year on the restricted license. Depending on your evidence at the second hearing, the hearing officer can grant the full license, continue the restricted license with the interlock, continue the restricted without the interlock, modify or expand the restirctions, or if you have had problems on the restricted, they could terminate all driving privileges. This does happen sometimes, so do not take this second hearing for granted. As previously stated, full license reinstatement is not automatic just because you survived one year on the restircted.

I Can't Afford It (The True Cost)

Hopefully this series of posts has provided some useful information regarding the DAAD hearing process. I have made several references throughout these posts as to the serious and complex nature of this process and the many difficulties you can encounter as you attempt to get your license back. I get 10 calls per week from people who tried this on their own and, while sometimes you may get lucky, most people call to tell me they were denied and they had no idea what they were getting into. They are very disappointed to learn that they must wait another year to try again and that because of their mistakes, the next hearing will be even harder, and therefore, more costly.

An experienced dui attorney who specializes in these hearings is worth every penny and more. If you think you can't afford the services of a professional to assist you with this process, consider the cost of being denied for another year. That's another year walking, riding a bike, taking the bus or bugging your friends or family for rides. That's another year of not getting that job because you don't have a license, or not getting overtime or a promotion, or not being able to change jobs because if they check your background they will find out you can't drive. Another year of not leaving the state to find a job. It's another year of continuing to drive without a license and looking over your shoulder fearing that the cop you just passed is going to stop you and take you to jail and impound your Mom's vehicle. It's another year of not being able to buy and register a vehicle in your name. Another year of lying to your kids, friends or family. It's another year of paying your friends gas money or waiting for your buddy to pick you up for work and he calls in sick. Another year of frustration, isolation, humiliation and embarassment and beating yourself up for getting in this mess. Another year of possibly new tickets, jail, fines and driver responsibility fees. Another year caught up in the cycle of the revolving door.

How much does all this cost, both financially and emotionally? Far, far more than the cost of retaining an expert drivers license appeal attorney, I guarantee you.

Still think you can't afford it?

How much is it worth to get your life back?

Drivers License Appeal and Restoration, Part 2

Shaun Marks — Sat, 05 Nov 2011 23:01:00 GMT

Part 2

Are You Eligible?

The minimum revocation period for this situation is one year and for some people it is five years. After this time you are eligible to request a hearing. However, even though you may be eligible, if your history includes aggravating circumstances, it can be a good idea to wait even longer to increase your chances for reinstatement. Furthermore, just because you make it one year does not mean you will automatically get your license back. It simply means you are eligible to request a hearing for the State to determine if tyou are an acceptable risk.

Sometimes people unknowingly extend their revocation by continuing to drive and receive new traffic violations (Speeding, DWLS, No Operators License, etc...). When you are revoked, any new violation on your record will begin the one year revocation period all over again. In addition, you are subject to very costly driver responsibility fees. It is easy for people to get caught up in this revloving door: you lose your license, you have to work, you drive and get new tickets, your revocation is extended, you drive for work and get another ticket, your revocation is extended, etc... You get the idea. I have represented people who were originally revoked for one year who haven't had a license for 10, 15 or 20 years!

Another way to remain ineligible is if you receive a new revocation within seven years of a prior revocation. The new revocation period is then increased to five years. To make this clear, let's say you are convicted of OWI in 2002 and 2007and you are revoked for one year and don't get your license back. Then you get another OWI conviction within seven years of the first revocation (say 2010). Your new revocation period is now five years. That's an additional five years with no license, not even a restricted, before you can even ask for a hearing! This is extremely serious.

Have you paid? The State always get it's money. Assuming you are otherwise eligible, driver responsibility fees must be paid or you must have a payment agreement in place to get a hearing. In addition, you must not have any open or outstanding warrants or traffic tickets.

How To Win

Because you are bringing the case against the Secretary of State, the burden of proof is on you and your evidence must be clear and convincing. You must demonstrate with clear and specific detail that any substance abuse problem is under control and likely to remain so. It is also essential to prove you are a low or minimal risk to not drink and drive again. In most cases this requires proof of complete abstinence for a period not less than one year.

Your evidence must include a substance abuse evaluation by a qualified therapist/counselor on a state approved form. You also must provide at least one drug test (some cases require more than one), and testimonial letters that corroborate your claimed sobriety. These letters are critical and they are one of the biggest mistakes people make. An experienced dui and drivers license attorney can assist you with additional documentation that is necessary for your hearing which supports your claim of abstinence. If you are taking prescriptions it may be necessary for your doctor to provide documentation for this hearing, especially if you are taking any medications that has a potential for abuse or if you are prescribed any type of mental health, depression or bi-polar medications. If you possess a Medical Marijuana card this will also be an issue at your hearing. In addition, any other criminal history where drugs or alcohol was involved, even if you weren't driving, will be relevant, as will any other driving history.

In addition to your documentation, you should appear at a live hearing and testify on your own behalf. This means you will usually answer questions for up to 45 minutes. In some cases additional witnesses are necessary. Although there is a process for administrative review without testifying at a hearing, I do not recommend this as this review rarely ever results in a license reinstatement. Any reputable attorney who regularly appears before the DAAD should assist you with assembly of your documentation as well as preparation of testimony for you and your witnesses. I cannot overstate the value of a thorough preparation for this hearing in order to avoid the many issues that can lead to a denial and another year of waiting. For most clients we work together for 3-4 months to be prepared for this hearing.

If You're Successful

If your evidence is clear and convincing, some form of driving privileges will be reinstated. This almost always means a restricted license with installation of a breath alcohol ignition interlock device (blow n go machine). Restrictions usually include driving to and from work, school, AA, probation court ordered activities, substance abuse counseling and regular medical appointments and you must be able to provide proof of your destination and why you are driving. If you are retired or unemployed or disabled, other restrictions will apply. Your restricted license will then be good for two years during which time you will be required to drive with the interlock device. After one year you are eligible to request another hearing for removal of the interlock device and reinstatement of full driving privileges. You cannot remove the interlock device without approval at another hearing. If you do not request another hearing within two years, your resitricted license will expire and you will be required to begin the process all over again.

Drivers License Appeal and Restoration, Part 1

Shaun Marks — Sat, 05 Nov 2011 15:39:00 GMT

Part 1

Introduction

I have been a criminal defense attorney since 1994 and over the years I have developed a reputation as an expert in the areas of DUI defense and drivers license restoration. I have literally represented thousands of clients in counties all over the state including Genesee, Oakland, Livingston, Shiawassee, Lapeer, Saginaw and many more. The most frequent question I get from people with DUI and drivers license issues is: How do I get my license back? So I started this post to address this question. As I started writing, I realized this complex process would require more than one post. So, this is the first of a three part series regarding drivers license reinstatement through the Secretary of State Driver Assessment and Appeal Division (DAAD).

How You Got Here

There are several ways a person can find themselves with a revoked or suspended drivers license. A ny felony conviction with a motor vehicle such as OWI with a Serious Injury Accident or Death , Unlawfully Driving Away an Automobile, Fleeing and Eluding a Police Officer or Negligent Homicide and many others will cause a license revocation. You can also lose your license simply for having an unsatisfactory driving record by accumulating too many points or accidents or for a medical issue. However, the most frequent way a person loses their driving privileges is for multiple convictions for alcohol and drug-related driving offenses such as Operating While Intoxicated, Operating with a High BAC (Super Drunk), Operating While Impaired or Minor Operating with a BAC and Operating with the Presence of a Controlled Substance (OWI Drugs).

If you have two substance abuse-related convictions in seven years or three within 10 years for any combination of these offenses your license will be indefinitely revoked by the State and the process to get it back can be very difficult and confusing.

Popular Myths

One common misunderstanding is that everybody is denied at their first hearing. This simply is not true. Nonetheless, many people who try this on their own and don't appreciate the seriousness or the complexity of this hearing process (you wouldn't try to pull you own tooth, would you?) soon find they have been denied and must wait an additional year to try again. Many times they have made such serious mistakes that they have exacerbated their own situation. Your best opportunity to have your license restored at the earliest time is to retain an experienced drivers license restoration lawyer to represent you at your first hearing and I strongly recommend you do so.

Another popular misunderstanding, even by some attorneys who do not specialize in this area of law, is that you cannot get a license without going to Alcoholics Anonymous. While this is often helpful evidence, it is not required by the administrative rules regarding license hearings. In most cases this is a good idea, but I have successfully restored drivers licenses for many clients who were not attending AA or any other 12 step program. Every case is different and the evidence that is necessary depends on the individual facts and circumstances.

Many people also mistakenly believe that after 10 years these convictions will "drop off" and their license will be returned, or that they can go to another state and get a license. None of this is true! These convictions do not "drop off" EVER, and your license will remain revoked for your lifetime until you are successful through the DAAD process. Also, nearly every other state participates in an agreement between the states where they will honor the license suspension decisions of any other state. In fact, if you leave Michigan and go to another state, you will find that the new state requires you to have your license restored in Michigan before you can get any license in the new state. And, because you are no longer a Michigan resident, the DAAD process provides limited options which essentially makes your hearing incredibly more difficult. In short, there is no avoiding this hearing process.

Some people think that a personal hardship (I can't get to work, I'll lose my job, I have to get to the doctor, etc...) will justify a license reinstatement. This is also not true and, in fact, is completely irrelevant to the State. The state hearing officer does not care how difficult your life is without a license. His/her only concern is what potential threat you may be to public safety.

Some people (and some lawyers and judges) still believe you can bypass the DAAD hearing process and go to Court to get a license. This used to be the law, however, that law changed in 1999 and judges now have only very limited authority or jurisdiction to hear license appeals. In most cases, you cannot see a judge until you have first exhausted your administrative appeals through the DAAD.

It's Harder Than You Think

The drivers license restoration process may seem like no big deal, but as a DUI attorney with 17 years experience before the DAAD, I can assure that this is a very serious matter that should not be taken lightly.

Also, just because you successfully completed probation does not mean you will get your license. Some of the things you did for probation can be helpful at your hearing but probation is a court order imposed by a judge and the license hearing is an administrative process completely independent of the court.

Many people call me after they go to their hearing by themselves without an experienced driver license restoration attorney and they are sorely disappointed when their request for a license is denied and they find out they must wait at least one more year before they can try again with my help. Again, do not underestimate the seriousness of this hearing. This is the only way for someone who has been revoked for multiple DUIs to get their license back and the state is very cautious about who they put back on the road.

Michigan's Driver Responsibility Fees

Shaun Marks — Tue, 01 Nov 2011 14:05:00 GMT

Confused about responsibility fees and why you owe so much money to the State? As a Flint criminal attorney/lawyer I have handled thousands of DUI and traffic-related offenses and the responsibiity fees can be not only confusing, but very expensive. If you are caught up in this revolving door and can't get your license back, you may need the help of an experienced drivers license restoration lawyer. I have helped thousands of people just like you get their license back.

Here is how you can get socked with responsibility fees:

Specific Qualifying Offenses

A person may be subject to driver responsibility fees for certain traffic offenses, regardless of their prior driving record. These fees are imposed by the Secretary of State and collected by the Treasury Department and are in addition to any fines or costs assesed by the court following a conviction for a traffic offense. A driver convicted of a specific qualifying offense such as Operating While Intoxicated, Operating While Impaired, Reckless Driving, Fleeing and Eluding, Driving While Suspended, etc... will be assesed responsibility fees for these types of convictions. OWI, for example, carries a responsibility fee of $1,000 each year for two years. Even something seemingly as minor as No Proof of Insurance in Vehicle will trigger a $200 responsibility fee for two years. Again, this is in addition to any fines imposed by the court.

Bad Driving Costs

Even if you are not convicted of one of the specific offenses for which responsibility fees apply, bad driving can still lead to assessment of responsibility fees. Traffic offenses such as Speeding, Disobey Traffic Signal, etc... will not by themselves result in responsibility fees. However, even these minor traffic offenses can lead to responsibility fees if an excessive number of these tickets are accumulated on an individual driving record in a given period of time. Responsibility fees start at $100 for seven points and go up to $500 for 15 points.

Collection of Responsibility Fees

As always, the government WILL get their money. If responsibility fees are assessed against you, first you will get a letter from the Treasury Department indicating how much is due and when. If you cannot pay as requested, you may contact the department to work out a payment arrangement. If fees are not paid or a payment arrangement is not adhered to, your license will be indefinitely suspended for failure to pay responsonsibility fees and will remain suspended until fees are paid. Once you fail to keep up payments on a payment agreement, you may not be able to get another payment agreement and your license will remain suspended until paid in full.

Expungement of Criminal Record

Shaun Marks — Sat, 29 Oct 2011 12:23:00 GMT

As a Flint criminal lawyer/criminal attorney I get several call per week from people with a past criminal record who are inquiring about how to set aside or remove or seal their record. These people have found out exactly how a criminal record can affect their lives as they suffer the long-term consequences for such a conviction. So, here is the rundown on how this process works in Michigan.

Expungement, or setting aside a criminal conviction, is a process that allows an individual who meets certain eligibility requirements to have that conviction expunged, or set aside or otherwise made non-public. If successful, this person could then truthfully answer "No," to any question that asks if they have ever been convicted of a criminal offense. The statute that governs this process is MCL 780.621.

Not everybody can pursue expungement. First, you may not pursue an Application to Set Aside Conviction if you have been convicted of more than one offense. (There are limited exceptions to this rule for more than one offense committed before age 21). Second, 5 years must have passed since the date of conviction or, if you were imprisoned, from the date of release from incarceration. Also, the law does not allow a person to set aside or expunge a conviction for any traffic offense or any offense that has a maximum sentence of life in prison. Also, with some exceptions, most sex offenses cannot be expunged.

After determining eligibility, an Application to Set Aside Conviction must be filed in the court where the conviction occured. A certified copy of the conviction record must be attached to the application. After filing and obtaining a hearing date, true copies of the application must be served on the prosecuting attorney, attorney general and the Michigan State Police. The MSP copy must also include a fingerprint card and the appropriate fee for a State and FBI record check to be completed. Once the Attorney General's office and state police have performed their records check each office will forward a letter to the court stating their position on the application. Then a hearing will be held and the judge will make a decision.

Although you may be eligible to pursue expungement, having this motion granted is not automatic. You are not entitled to seal this record. A judge could still say no. In any case, it would be wise to have the advantage of an experienced criminal defense attorney to assist you with the steps in this process as it can get very confusing.

Welcome to our Flint Criminal Defense Blog

Flint Criminal Defense Attorney — Thu, 13 Oct 2011 16:07:00 GMT

We are pleased to announce the launch of our Flint Criminal Defense Blog.