DRIVER’S LICENSE RESTORATION: APPEAL BASED ON MERIT

by Justin Van Den Heuvel

Losing your Michigan driver’s license can materially affect every aspect of your life, both personally and professionally. It can affect where you can live, how you get to and from work, and even basic errands like running to the store for groceries or medication. However, if you have lost your driver’s license, you have legal options to get it restored. One option to get your driver’s license back is through an appeal based on merit. To learn more about your legal options for restoring your driver’s license through this and by an appeal based on hardship, call or contact the Van Den Heuvel Law Office today.

Filing Your Appeal

If you decide to file an appeal to restore your driver’s license based on merit, it is critical that you file the appeal both properly and in a timely manner, otherwise you risk getting your case thrown out of court. If your driver’s license was lost due to an implied consent violation or suspension due to an insurance violation, you must file the appeal in the county and circuit where the arrest took place. If your license was lost for any other reason, you must file in the county and circuit of your residence. The law requires that you file an appeal within 63 days of the initial incident, but this time limit can be extended to 182 days for good cause. An experienced criminal defense attorney can ensure that your appeal if filed correctly with the courts.

Causes for Filing an Appeal Based on Merit

An appeal based on merit is filed when you believe that an error occurred in the legal process that resulted in the loss of your driver’s license. According to Michigan law, the following reasons are considered grounds for filing an appeal based on merit for driver’s license restoration:

• There was a violation of your Constitutional rights, state constitutional rights, or a statute
• The suspension or revocation was in excess of the secretary of state’s authority or jurisdiction
• Made because of unlawful procedure resulting in prejudice
• Not supported by competent, material, and substantial evidence on the whole record
• The loss was arbitrary, capricious, or clearly an abuse or unwarranted exercise of discretion
• Affected by some other substantial or material error of law

How a Lawyer Can Help

An attorney will prepare your appeal based on merit and file it with the court. He will ensure that all of the information is filled out properly and list the relevant facts, evidence, and laws affected by your case. Your lawyer will go to court and make the best arguments for why you deserve to have your driver’s license restored based on merit and show why your driver’s license was suspended or revoked in error. Talk to a knowledgeable criminal defense attorney today to learn more.

Talk to Our Office

Do not let an error in the legal system take away your driver’s license in Michigan. To learn more about filing an appeal based on merit to restore your driver’s license, call or contact the Van Den Heuvel Law Office today.

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