Rex Anderson PC

Know At Least The First Three Steps To Get Your Drivers License Restored:

 

• Step 1 "We admitted we were powerless over alcohol – that our lives had become unmanageable."

• Step2 "Came to believe that a power greater than ourselves could restore us to sanity".

• Step3 "Made a decision to turn our will and our lives over to the care of God as we understood him."

• Step 4 "Be ready to talk about your personal inventory."

 

In order to meet our burden of proof, you will need to present at least one live person/witness at the Driver License restoration hearing – who sees you on a daily basis or at more than a weekly basis – and personally knows that you have not drank alcohol or done drugs or even wished that you could have a drink.

 

Letter(s) from an AA member who can personally attest that you participate or have participated in AA meetings.

The burden of proof is high, and because the hearing officer is supposed to start out with the assumption that you are not going to obtain a license, he or she will be looking for any reason to deny your application.

 

Here is what the actual rule states:

(a) The hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves, by clear and convincing evidence, all of the following:

(i) That the petitioner’s alcohol or substance abuse problems, if any, are under control and likely to remain under control.
(ii) That the risk of the petitioner repeating his or her past abusive behavior is a low or minimal risk.
(iii) That the risk of the petitioner repeating the act of operating a motor vehicle while impaired by, or under the influence of, alcohol or controlled substances or a combination of alcohol and a controlled substance or repeating any other offense listed in section 303(1)(d), (e), or (f) or (2)(c), (d), (e), or (f) of the act is a low or minimal risk.
(iv) That the petitioner has the ability and motivation to drive safely and within the law.
(v) Other showings that are relevant to the issues identified in paragraphs (i) to (iv) of this subdivision.

 

We will refer you to our substance abuse counselors who are respected in the community of ex-police officer/hearing officers. This is an important step in restoring your driving privileges.

Its important to win your hearing because if you lose, you will not be able to request another hearing until one year later.

 

Requirement for Complete Abstinence from Alcohol and Drugs:

This is an absolute requirement, and it meanscomplete abstinence. If you tell the hearing officer that you had a Champagne toast at your best friend's wedding you will lose your hearing, and then having to wait another year to request another one.

 

 

We always recommend that you be able to testify under oath that you’ve had no alcohol or drugs of any kind for at least 12 months before you request your hearing. Again, here is what the rule states:

 

b) Before ordering that a license be issued to the petitioner, the hearing officer shall require that the petitioner prove, by clear and convincing evidence, that he or she has completely abstained from the use of alcohol and controlled substances, except for controlled substances prescribed by a licensed health care professional, for a period of not less than 6 consecutive months or has abstained for a period of not less than 12 consecutive months if the evidence considered at the hearing establishes that a longer period of abstinence is necessary.

 

If you can’t show 12 months of absolute sobriety, then I would  recommend that you wait until such time as you can.

 

I have described the necessary documents and things needed to request the hearing above.  I will assist you in making sure these documents are consistent and helpful before you request your hearing.  I will review these documents to make sure they are sufficient and do not contain any incorrect or useless information. Or worse yet, detrimental information. 

 

Details count!  The hearing officer at the DLAD is just looking for a reason to deny you so lets make sure they don't have one.  The only way to do this is proper preparation. They will also want to know if some other drug has taken the place of alcohol or if you drink "near beer".

 

I have often heard clients tell me that they don't need a lawyer for diver license restoration, and in my experience exactly the opposite is true. I have been handling driver license restoration cases for over two decades. When you consider the monetary value and peace of mind that comes with having a valid driver license restored, all my clients have told me that my fee was reasonable and worth every penny.

 

It’s far too easy to lose one of these hearings, and by losing your first one, you’ve already started to dig an even deeper hole for yourself. This is because the Department will be reviewing all prior hearing records to determine why you were denied the last time around.

 

Remember, not only does everything you present need to be consistent, it also needs to be consistent with the information previously submitted!

 

I have a very high success rate in drivers license restoration as long as you follow my directions. I look forward to meeting with you. I'll talk to you soon.

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Call attorney Rex Anderson now at 810 653-3300.