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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114818
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My son is 45 years old and has been driving on a suspended

Customer Question

My son is 45 years old and has been driving on a suspended license for quite some time. Last Wednesday he was stopped by the police and they found his plates had expired and had three warrants pending. They locked him up for 24 hours. He was arrained the next days he has three different court appearances. He is currently attending community college and trying to get his life back on track.

He was told he could not get behind the wheel of a car; he is currently carrying a full load; but can't drive. Is there a temporary license he obtain until this situation clears up?

A concerned parent!
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 years ago.
At this point, I am afraid that there is no temporary license he can obtain because he has 3 warrants already and was caught driving on a suspended license again and this is a preclusion of issuing a license. I am afraid that if your son wants any hope of eventually qualifying for at least a hardship license, he needs to make alternative transportation arrangements until he gets the charges cleared up in court and once the charges are cleared in court then he can file an appeal to get at least a hardship license. According to MI Statute 257.323c disallows a restricted license in the following cases:

(1) If the person’s license has been suspended pursuant to section 625f (refusal of chemical test) within the immediately preceding 7-year period, a restricted license shall not be issued.
(2) Notwithstanding any other provision of this section, the court shall not issue a restricted license to a person who has accumulated over 24 points, as provided in section 320a, within the 2-year period preceding the date of the suspension of his or her license.

 

Other than that he can apply for a hardship license but he is going to have to at least get the matters taken care of in the court or get the court to agree that a hardship can be issued pending disposion of the cases.

 

 


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