Michigan Criminal Lawyers Blog
If you are a motorist in Michigan whose driver’s license has been suspended, you may be curious as to whether you would be eligible for a hardship appeal. First of all, there are only certain suspensions that may be eligible for an appeal. Second, you must successfully make the argument that you are experiencing a true hardship because of the fact that you do not have a valid driver’s license.
What is a hardship? A hardship may exist when you cannot get to and from work, school, or other important or essential meetings/destinations. However, it is important to note that even if you win a hardship appeal, the license you receive is not a regular license, but instead one that makes it possible for you to drive only for specific purposes, such as to work, school, or for medical appointments. Violation of the terms of your hardship license will result in a loss of your driving privilege completely.
Whether you may appeal for a hardship depends on the reason for suspension of your driver’s license
The type of suspension will determine whether or not you may appeal to the circuit court for a hardship license. If your license was suspended because of the following, you may petition the court:
MCL 257.303(1)(d) – physical or mental disability suspensions
MCL 257.320 – accidents, points on your license, or incompetent to drive
MCL 257.625f – a first implied consent suspension
MCL 257.904 (10), (11) – driving while license suspended/revoked
MCL 257.310(d) – probationary license suspensions
License suspensions which cannot be appealed for hardship include:
Reckless driving and other suspensions listed under MCL 257.319
Suspension due to unpaid child support or other financial responsibility
Should you work with a Michigan driver’s license attorney when considering a hardship appeal? Absolutely. The process is complex, and includes not only providing detail to the court regarding your hardship, but meeting deadlines for filing. If you are appealing for a hardship license due to license suspension for violating the implied consent law, the process becomes even more complicated.
Ultimately, to ensure the best possible chance of obtaining a hardship license, it is important to work with a lawyer who is highly experienced and capable in these matters.