Michigan Criminal Lawyers Blog
When an individual loses his or her driving privilege, it is stressful and creates a hardship, to say the least. Getting to and from work or school can become a problem; if others rely on you for transportation, for example your children or elderly parents, it can become a burden for others around you. There are instances in which you may be able to have your driving privilege restored in what is known as a hardship appeal. This requires convincing the court that you are enduring a hardship because of the fact that your license has been suspended or revoked.
There are circumstances in which you may appeal for hardship, and others in which you cannot. Some types of suspensions which may qualify you to petition for hardship include:
- A first implied consent suspension MCL 257.625f
- Accidents, points, or incompetent to drive MCL 257.320
- Driving while your license is revoked or suspended MCL 257.904(10), (11)
- Suspension due to mental or physical disability MCL 257.303(1)(d)
- Probationary license suspensions MCL 257.310d
You cannot appeal for hardship if:
- Your license has been suspended due to reckless driving and other factors as listed under MCL 257.319
- Suspension of your license due to financial responsibility (i.e., child support) – however, it may be possible to appeal if financial responsibility suspension was due to a procedural error.
Having your driving privilege restored through a hardship appeal is not a simple process. You must file the claim of appeal, determine the proper venue, file certain documents and pay fees to the circuit court, detail the hardship, file prior to a deadline, and attend a final hearing in which you must emphasize all positive points in order to present a convincing appeal before those representing the Secretary of State. The fact is, filing for a hardship appeal is much easier accomplished with the support and guidance of a skilled and experienced Michigan driver’s license reinstatement attorney.
While you do not have to have a lawyer, the process is cumbersome and extremely detailed. Your attorney will help you through the tedious process, and assist you so that you are well-prepared for the hearing, giving you the best possible chance of having your driving privilege restored.