You will not be able to obtain your son's driving record. However, he can order a copy of his driving record from the SOS. Below is a link to the page that will allow him to complete a "record request form." http://www.michigan.gov/sos/0,1607,7-127-1627_8996-31868--,00.html
Next, it is VERY important that your son obtain the assistance of an attorney. If he can't afford an attorney, he can ask the judge to appoint him a public defender. The judge will determine whether he is "indigent," and therefore, eligible to receive the assistance of a public defender. If he is NOT considered indigent, then he REALLY needs to hire an attorney. In Michigan, each county has its own bar association. Your son can contact the county bar association in which he received the violation for a referral to an attorney. Sometimes, an initial consultation is free or at a minimal charge. He can discuss the specific facts of his case, evaluate his options and decide how to proceed.
In the meantime,driving outside of restrictions is a misdemeanor
. If your son were to be convicted of driving outside of his restrictions, he could face up to 90 days in jail and/or up to a $500 fine plus court costs.
The above is just what the judge can do if he is convicted of driving outside of his restrictions. However, the judge has NOTHING to do with any license sanctions.
The Michigan Secretary of State has control over EVERYTHING that involves license sanctions. If your son is convicted of ANYTHING that is a driving offense, his restricted license will be revoked for a minimum of one year. If he has a CDL, he will also lose that license for a minimum of one year, as well. Moreover, your son will be PROHIBITED from seeking a hearing to have his restricted license reinstated for a year from his conviction.
Your son will DEFINITELY need an attorney to assist him in trying to have his restricted license reinstated before DLAD. And, if your son is convicted of driving outside of his restrictions, it is going to be difficult, at best, XXXXX XXXXX son to regain his restricted license at his first hearing. This is because DLAD will view your son's offense as "thumbing his nose" at the system that allowed him to have a restricted license. DLAD views driving as a privilege, and when it grants a person a restricted license and the person is convicted of driving outside of his restrictions, it becomes more difficult to prove a "hardship."
Your son MAY (but not necessarily) have to go through another substance abuse evaluation, etc. and submit evidence of his sobriety when he is eligible to apply for a DLAD hearing.
Below is a link to an attorney's office. I am NOT making a referral. I am providing the link because it is very informational regarding DLAD hearings.
The Michigan Legislature has given total authority to the Secretary of State when it comes to ANYTHING regarding licenses. And, the SOS uses that authority to the fullest extent of the law.
If your son is convicted of the driving offense, he cannot even ask to have his restrictions extended (ignition interlock included) for at least one year. And, if your son continues to drive and is pulled over for any reason, he may be arrested for driving on a suspended/revoked license. Moreover, if he doesn't disclose the status of his license to his employer and he is involved in an accident, his company may face liability for allowing him to drive, as well as civil liability.
Again, given the very serious consequences that your son may face, it is important that he at least consult with an attorney prior to his court date. And, if possible, he may wish to SERIOUSLY consider hiring an attorney. And, if he cannot afford an attorney and is eligible for a public defender, he should avail himself to that opportunity.
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Thank you, XXXXX XXXXX of luck.