269-626-2296
Is Driving My Right Under the Law?
Driving is a privilege, not a right. Although many aspects of daily life require or are easier to use a car, no law guarantees Americans the legal right to operate a motor vehicle. This is because cars can be dangerous in the hands of an irresponsible or inexperienced driver. Under Michigan law, drivers can be penalized for transportation-related crimes by having their license suspended or revoked. You cannot legally operate a motor vehicle in Michigan without a valid driver’s license. Driving with a suspended or revoked license can lead to further criminal charges and fines.
Michigan realizes how vital it is for individuals to be able to drive to work, to the store, and to take care of various family responsibilities. Studies have shown that individuals holding jobs and contributing to society are less likely to commit crimes. This is why Michigan would prefer people to have the ability to drive, hold down jobs, and be productive members of society.
To allow individuals who have had their licenses suspended or revoked the opportunity to drive again, Michigan has provided a variety of paths to reinstatement. Depending on the circumstances of your case, these paths can be challenging to navigate. That’s why if you or a loved one have had your license suspended or revoked, you should contact a member of our experienced and dedicated legal team.
What Can Get My License Suspended or Revoked?
You can lose your license in Michigan for various reasons. Suspension means that you will not be able to drive for a set, definite period. If you have your license revoked, there is no set date for when you will receive your license back, and you will not be able to legally drive until steps have been taken to reinstate it.
Whether or not your license is revoked or suspended, and for how long it can remain suspended, depends on the circumstances of every case. Sometimes, your license may be suspended or revoked for a one-time incident, such as driving under the influence of drugs or alcohol, or committing a serious traffic violation, such as running a red light and causing an accident. In other instances, you may lose your license due to accumulated points. Points are assigned based on different traffic-related crimes and offenses. Accumulating twelve or more points can lead to the loss of your license. Offenses for which you can accrue points include but are not limited to:
- Careless Driving
- Speeding
- Drunk or Impaired Driving
- Failure to Stop for a School Bus, Railroad Crossing, or Crossing Guard
- Failure to Yield
- Drag Racing
- Failure to Stop at the Scene of an Accident
- Manslaughter or Vehicular Homicide
Some offenses, such as failure to stop for a crossing guard, are considered minor and are only worth three points. Offenses such as manslaughter are worth six points. How many points you receive for an offense and whether this impacts your ability to drive will depend on the circumstances of your individual case. This is why if you have been pulled over for any traffic-related offense, a criminal defense attorney can be vital to keeping or reinstating your license.
Can Anyone Get Their License Reinstated?
The process for getting your license reinstated will look different depending on whether it was suspended or revoked and the reasons why.
In some circumstances, such as cases involving a definite suspension, you may only need to wait until the suspension period has ended and then pay a fine. An attorney will be able to help you determine the length of your suspension and how and where to pay the fine for reinstatement.
In other circumstances, your license may be revoked. Revocation is a more serious form of suspension because there is no “end date” when you can get your license back. If your license is revoked, you will need to take additional steps beyond paying a fine to have it reinstated. Generally, revocations occur in more serious cases involving intoxicated driving, serious accidents, and drivers whose points indicate a history of severe, habitual traffic offenses.
What if My License Was Suspended or Revoked Because of Drugs or Alcohol?
If your license was revoked due to drug or alcohol-related offenses, there is a specific process for getting it reinstated. Failure to complete a step in the process or failure to complete it correctly could prevent you from getting your license back. First, you will need to determine when you become eligible for reinstatement. You must obtain your driving record and find the “eligible for review” date to do this. Then, you will need to get a substance use evaluation, a drug test, and community support letters to that you can request a hearing. Once you have been given a hearing date, you will need to have a substance use evaluation completed before you appear in court. All of this documentation is to demonstrate to the court that you have not been abusing drugs or alcohol.
Before your hearing date the court will review your letters of support from at least three different people testifying to your sobriety, how your license suspension has impacted your life, and how long you have been drug and alcohol-free. You must also have paid any fines or fees related to your case and not have any outstanding warrants.
Depending on the circumstances of your case, you may also have to meet other requirements, such as attending drug and alcohol education courses and having an interlock device installed in your car. An interlock device is a breathalyzer connected to a vehicle’s ignition system. It requires a driver to breathe into it in order to start a car. If the driver is intoxicated, the car will not start. If a court rules you must have an interlock device in your car, you are responsible for the cost of the device and installation.
This is the only way to get your license reinstated if it has been revoked because of drug or alcohol offenses. What steps you may have to take will vary depending on why it was suspended, and there is no one “sure” route to getting your license back. That is why the best course of action is to consult an attorney with experience in Driver’s License Restoration.
What Should I Do if My License Has Been Suspended or Revoked?
Many people have their licenses suspended or revoked every year. Most of these people have their licenses reinstated and live happy, productive lives. However, having a license reinstated is challenging and potentially complicated. Contact our team at Levine & Levine, Attorneys at Law, today to see how we can help.
Our team is comprised of the most experienced and competent criminal defense attorneys working in Southwest Michigan today. Taking an individualized approach to every case, our lawyers pride themselves on their aggression and dedication in the courtroom. Known throughout the state because of their sharp legal minds and willingness to litigate, our lawyers aren’t afraid to fight for what’s right.
Losing your license can be a life-altering experience or a simple bump in the road on the way to happiness. The experience you end up having can come down to whether you have a good attorney or not. Don’t risk your license on chance. If you or a loved one have had your license suspended or revoked, call Levine & Levine, Attorneys at Law, at 269-626-2296 to schedule your complimentary consultation.
