Articles Posted in Driver’s License Restoration

According to an article at Cincinnati.com, more than a quarter of the 85,000 parents with child support cases cannot drive now because their driver’s licenses have been suspended. In Hamilton County, it is reported that 23,541 licenses have been suspended due to non-payment of back child support. This is a record high, according to the article.

Moira Weir, Director of the Department of Jobs and Family Services, said that this is a last resort in an attempt to get parents’ attention, and get them paying the child support they owe.

Suspensions over the past five years have increased by 50%, partially due to the department becoming more efficient when it comes to tracking down parents who owe child support, according to spokesmen for the department Brian Gregg. Another reason for the increase is that the department has lowered the threshold from not paying the full child support amount for a 90 day period, to not paying half of amount due for 90 days.

In the state of Michigan, an individual’s license may be suspended for failure to pay child support. However, the primary reason that Michigan residents have their driver’s licenses suspended or revoked is due to DUI convictions. Driving under the influence may involve alcohol or drugs, as either can impair a motorist’s ability to safely operate a vehicle, putting his or her own life at risk as well as others on the roadways.

A license may be suspended for 30 days or longer, depending on the seriousness of the offense. In most cases, the person’s license is fully restored once the suspension period has passed. However, many people cannot make it for 30 days, 90 days, or longer without the ability to drive because of work, school, and other reasons. In these circumstances, you may want to get a restricted license that will allow you to drive only to and from specific destinations such as work.

A revoked license is a much more serious issue; in fact, an individual’s license may be revoked for life. In any case, having a suspended or revoked license restored usually requires a hearing before the DLAD, or Driver’s License Appeal Division of the Secretary of State’s office. These hearings are far from easy to win, and truthfully, quite difficult and complex.

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If you are reading this right now, you may wonder if that red light ticket you failed to pay could have resulted in your driver’s license being suspended. The fact is, many people in Michigan drive to and from work, school, or on other errands every day, thinking their driver’s license is valid – when in fact it is not. Here is a quick recap of an incident that recently happened in Florida.

Investigative reporter Daralene Jones decided she would do a little investigating regarding motorists who have had their licenses suspended and don’t discover it until it’s too late. One individual was notified that his driver’s license had been suspended because he did not pay a red-light ticket in a timely manner. The problem was, Jean Pierre did not know he had been ticketed, because the notices are sent out by the contractor hired by the camera vendor. Pierre never received the notice. Pierre contacted attorney Corey Cohen immediately.

Cohen told news reporters at Action News that he had a long list of clients in a situation similar to Pierre’s. Motorists are being ticketed for missing a red-light camera by .03 seconds, but the notices are not reaching many of the drivers. Authorities believe part of the problem is that the contractor hired to send out the citations uses addresses corresponding to vehicle registrations, instead of addresses corresponding to driver’s license.

Essentially, many Floridians (approximately 50,000) are having their driver’s licenses suspended for unpaid tickets they do not even know were issued because they are not receiving notification.

In Pierre’s case, a judge and lawyers with Cohen’s firm were working to uncover what happened, and if there is proof that Pierre did actually receive the citation. Until then, Pierre’s driver’s license has been temporarily reinstated.

Michigan driver’s license reinstatement attorneys know that there are frequently situations in which an individual’s license is suspended without his or her knowledge. You may have been pulled over for a simple traffic infraction, and informed by the police officer that your license is suspended. This could be due to failing to pay a court fine, or not being properly notified of the suspension.

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As seasoned Michigan driver’s license reinstatement attorneys, we realize that most people associate a suspended driver’s license with driving while under the influence of alcohol or having received too many traffic tickets. The fact is, a conviction for a drug offense can result in suspension of your license as well.

Driving under the influence or DUI is a charge that applies not only to individuals who are found to have an illegal amount (greater than 0.08%) of alcohol or intoxicating liquor in their systems, but those who have other potentially intoxicating substances in their systems as well. This may include narcotic or illegal drugs such as cocaine, heroin, methamphetamine, marijuana, and other illicit substances as well as prescription medications such as oxycodone, Vicodin, or even Xanax or other benzodiazepines. Should it be determined that your ability to operate a vehicle safely was affected by drugs in your system, you may be charged with DUI – and have your driver’s license suspended.

Driver’s license suspension applies not only to operating a vehicle with drugs in your system, it also applies in cases where an individual is convicted of possessing, manufacturing, or distributing drugs. In this situation, you do not have to be driving at all to have your license suspended. The fact that you were in possession of an illegal substance is enough to result in license suspension.

Just as is the case with DUI, a first time drug conviction will result in a six month suspension of your driver’s license. For the first 30 days, you will not be able to drive for any reason; whether or not you drive for the remaining five months will depend on whether you get a restricted license. A second drug conviction will result in a one year driver’s license suspension, with no driving for the first 60 days. It is also important to note that you will not simply be “given” restricted driving rights after the initial suspension period. It costs $125 to have your license reinstated, even to drive on a restricted basis. When your license is restricted, you will be permitted to drive only under certain circumstances or at specific times of the day. A restricted license does not give you free reign to go about your daily life and drive whenever or wherever you like.

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There are various reasons an individual’s driver’s license may be suspended or revoked, including driving while under the influence of alcohol or drugs, failure to pay child support, and multiple traffic infractions. Regardless of why your license was suspended, driving on a suspended or revoked license could leave you facing consequences that are even more serious.

As experienced Michigan driver’s license reinstatement attorneys, we understand that there are situations that are real emergencies, times when it is all but impossible to avoid driving. However, running to the convenience store for a pack of cigarettes is not an emergency, nor is driving your children to school or attending a doctor’s appointment. When your license is suspended or revoked in the state, that is one of the hardships – you must find other means of transportation, whether a friend, family member, taxi cab, bus, etc.

What is the harm in driving when your license has been suspended? You know you won’t get caught – that’s what many people who DID get caught thought before getting behind the wheel. When you get into a vehicle, you have no idea what is ahead of you. One example of this:

Recently, a Massachusetts man crashed into a 20-year-old jogger who had stopped to talk with a friend on a sidewalk. Haley Cremer died, and now 44-year-old Jeffrey Bickoff is facing charges of vehicular homicide, speeding, and driving with a suspended license. Had Bickoff not made the decision to get behind the wheel, Cremer would likely still be alive – and Bickoff would not be facing vehicular homicide charges.

While this is an extremely serious situation, you could be hit by another vehicle while driving, be pulled over for a tail light that isn’t functioning properly, or for any number of reasons. The fact is, driving on a suspended license will lead to fines, doubling the length of the original suspension period, and possible even jail time depending on your case. Is it really worth the potential penalties, or even possibly finding yourself in a situation similar to the above?

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Just over two weeks ago, a Marion County SC Sheriff’s deputy was involved in a crash with a man driving a moped. The man riding the moped, 68-year-old Kenneth Killingsworth, died. It was after the tragic accident that it was discovered the deputy’s driver’s license had been suspended.

According to a news article at CBS 46, the accident occurred in south Mullins near U.S. 76 on Gapway Street. The dash camera in the deputy’s vehicle was inoperable due to a lack of funding, so the accident was not captured on video. There was visible damage to the windshield of the patrol car, and pieces of the moped were scattered along the street. News reports do not indicate the speed of the patrol vehicle or moped at the time, or how the accident occurred.

The Marion County Sheriff’s office did some checking, and found that the deputy was driving on a suspended license. He has been placed on leave since the accident, without pay. According to Sheriff Mark Richardson, a license check was performed when the deputy was hired on to the department in August of 2013, and again in January of this year prior to the deputy going to the South Carolina Criminal Justice Academy. Another check had not been done since that time, and the deputy’s license had been suspended in February after he neglected to pay a traffic violation in another county.

While it is tragic that a man lost his life in an accident, this is one example of why no one should drive on a suspended license. Michigan driver’s license reinstatement lawyers know there are emergency situations in which someone with a suspended or revoked license will take the chance. Many people with suspended licenses even drive when there is no emergency situation, thinking they will never get caught. An accident can occur at any time, as indicated in this tragic story. Driving on a suspended or revoked license will result in an even longer suspension period, fines, and possibly jail time.

In cases where someone who is driving on a suspended license is involved in an accident and an individual is killed, the driver may be charged with a felony offense and face up to 15 years in prison, along with other penalties.

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Frequently, residents of Michigan who have had their driver’s licenses revoked for one reason or another (usually due to multiple DUI’s) move out of the state, then learn they cannot get a driver’s license in their new state of residence because of a ‘hold’ on their driving record in Michigan.

Anyone with a revoked Michigan license who moves out of state must obtain clearance of revocation in Michigan before you can obtain a driver’s license in the state you now live in. Many people mistakenly assume that when they move out of Michigan, they can easily get a driver’s license in the state they move to without any hassles. Not true. A revoked Michigan driver’s license follows you wherever you go! Even worse, the process of having your revocations cleared in Michigan is not easy, and requires clearance through the DAAD, or Driver Assessment and Appeal Division of the Michigan Secretary of State’s office.

You may have had your driver’s license revoked in Michigan regardless of whether all of the drunk driving offenses occurred in Michigan, or in other states. For instance, if you hold a Michigan driver’s license and rack up DUI’s in Wisconsin, Illinois, and Michigan, your license will be revoked. In fact, you don’t even have to have a DUI in the state of Michigan to have your license revoked, if your license was issued in Michigan and you get multiple DUI’s in other states.

It sounds confusing, and truthfully it is a bit complex. The most important issue here is that if you intend to get a driver’s license in the state that you have moved to and have a revoked license in Michigan, you will have to get clearance of the hold on your driving record. If your license was revoked in Michigan due to multiple DUI’s, it is critical that you have stopped drinking, and can prove it. Otherwise, winning clearance so that you can obtain a license in your new state will be nearly impossible.

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Most people who have had their driver’s license suspended know that if they take a risk and drive anyway, they better not flaunt the fact. Not so with a man who led police on a high-speed chase on his motorcycle and recorded the event with a bike-mounted camera before loading it up on YouTube. This incident occurred in Illinois in October of 2012.

31-year-old Hamza Ali Ben Ali was convicted last month of driving with a suspended license and aggravated fleeing/eluding police according to the Latin Post. Ali was riding a Honda CBR 1000 motorcycle when police attempted to pull him over, but he decided to have a little fun – while putting other people’s lives in danger.

On top of provoking police to chase him from a gas station he had pulled in to, Ali was wearing a GPS anklet due to past crimes he had committed. News reports indicate that the anklet recorded Ali’s speed in addition to his location; during the chase, he hit speeds of 115 mph. Ali put the final nail in the coffin by posting the video taken from a camera on his bike to YouTube.

Ali was sentenced to four years in prison.

Choosing to lead police on a high speed chase while wearing a GPS monitor and having a suspended license probably isn’t the smartest thing someone could do, but people do things that don’t make sense all the time. Perhaps it was the thrill of the chase. Unfortunately, Ali will no doubt lead a fairly dull life for the next four years while behind bars.

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Two weeks ago, 31-year-old Aaron Joseph Zvonek was driving his pick-up truck on SH-11 just north of US 64 in Alfalfa County when he was pulled over by an Oklahoma Highway patrol trooper who could not see his license plate.

According to Alva Review- Courier, Trooper Lisa Jorgensen pulled the pick-up over just before 10 p.m. on May 27. Upon requesting Zvonek’s driver’s license, she was presented with an Oklahoma ID card. Zvonek explained that he did not have a driver’s license. Jorgensen had the driver sit inside the patrol car while she ran a check on him.

Upon checking, Jorgensen found out that Zvonek’s driver’s license had actually been revoked. In the meantime, she noticed an odor of alcohol and questioned him regarding the amount he had drank. He replied that he had drank a few beer earlier. At this point, Jorgensen went to the passenger side of Zvonek’s truck and requested the passenger step out of the vehicle. Once she had a clear view into the truck, Jorgensen saw an open can of beer in the center console’s cup holder, and five cold beers remaining in a six pack of Bud Light. Zvonek would not take a breath test, but performed several field sobriety tests when requested by Jorgensen.

Ultimately, Zvonek was charged with DUI and driving while license is revoked. He was arrested and taken to the Alfalfa County Jail.

Michigan driver’s license reinstatement attorneys understand that in certain situations, an individual whose license has been revoked has no choice other than to drive, such as in a medical emergency. However, it is fairly clear that this was not the case with Mr. Jorgensen. Why do motorists take such dangerous risks? Consuming alcohol before or during driving and doing so with a revoked license only adds fuel to the fire.

In Michigan, the penalties for operating a vehicle with a suspended or revoked license are severe and include fines, jail time in some cases, and extension of the original length of suspension or revocation time. What is a bit ironic in this situation is that the driver was determined to be driving under the influence, one of the primary reasons drivers have their licenses suspended or revoked in the first place.

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Last September, Lindsay Lohan’s mother Dina was arrested in Long Island for speeding and driving while intoxicated. Lohan, who is 51, was said to have been celebrating her birthday and claimed she was running from paparazzi when the unfortunate incident occurred.

According to US Magazine, Lohan was not ordered to serve jail time when she was sentenced on Tuesday, June 3; however, she was ordered to serve 100 hours of community service and pay $3,000 in fines. Her driver’s license was also suspended. News reports indicate that Lohan’s blood alcohol content (BAC) was .20%, more than twice New York’s legal limit of .08%.

Dina Lohan pleaded guilty in May, and escaped the jail/probation time traditionally dispensed in the District Court of Nassau County, according to her attorney Mark Jay Heller. Heller said that a screening evaluation concluded that Lohan has no substance or alcohol abuse issues, and that she escaped jail time and the traditional three years probation because of her prior arrest history, which is clean.

While Lohan escaped incarceration and probation, Michigan driver’s license reinstatement attorneys know the issues faced when an individual’s driver’s license is suspended. In Michigan, a first DUI will result in 30 days of suspension, followed by 150 days of restricted driving. Individuals whose licenses have been suspended may not drive for any reason. During the restricted driving period, most are allowed to drive only to and from specific destinations, such as work or school. Some may be limited to driving at a specific time of the day or night.

Multiple DUI convictions can result in a lengthier suspension period or even permanent revocation of a person’s driver’s license. When a person’s license is revoked, there is no guarantee it will be restored at the end of the revocation period. Ultimately, regaining the privilege to drive when and where you want to may prove to be extremely difficult.

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Most people know that driving under the influence of alcohol or other intoxicating substances can result in license suspension. Speeding and reckless driving can also result in suspension. While these examples are actually related to the act of operating a vehicle, there are other reasons your license could be suspended that are not directly related to driving.

For example, in Michigan and all other states except four, failure to comply with a child support order will result in suspension of your driver’s license. While the violations that may result in license suspension vary from state to state, some non-driving offenses include:

  • Drug-related conviction (possession, distribution, trafficking of marijuana, cocaine, heroin, other illegal narcotic substances)
  • Unlawful use of driver’s license or altered license
  • Using fictitious or altered license plates on a vehicle Failure to appear in court for ticket and/or moving violation, or failure to pay Dept. of Motor Vehicle fine
  • Not having proper insurance coverage on an automobile

Other offenses that are driving-related can lead to suspension of your driver’s license, depending on the state in which you live. Across all 50 states in the U.S., those who violate ‘implied consent laws’ may face automatic license suspension. Implied consent laws pertain to taking a breath test if asked by an officer if you are suspected of driving under the influence of alcohol. If you refuse to take a test, your license may be suspended. Many people are not aware of implied consent laws, however when you obtained your driver’s license you did so with the understanding that you must comply with testing when requested by police.

Other offenses which may cause you to lose your driving privilege in Michigan include leaving the scene of an accident. It is important to note that accumulating points for various violations such as speeding, road rage, or even failure to obey traffic signs and signals can result in driver’s license suspension. In Michigan, once you accumulate 12 points your license will be suspended. Considering that reckless driving results in six points and speeding 16 mph or more over the limit results in four, you can see it does not take long to rack up the points.

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