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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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my son is 30 has had a restricted licence for 6years for drunk

Customer Question

my son is 30 has had a restricted licence for 6years for drunk driving. He is allowed to drive to and from work. which he works in Maryland and lives in Michigan. Last Tuesday he was pulled over after getting a load of wood for his new house he just bought and the police officer was very mean. Ripped his licence up, handcuffed him and put him in jail. His court date is Thursday April 11th. He has tried to find a lawyer but no one will help him. Should he just go with a court appointed lawyer? He has a great job he has worked at for 6 years, just bought a house. Is it up to the judge to what will happen to him or will he have any chance on getting a restricted license back. desperately need someone to give us some answers. thank you.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

Was his drunk driving charge in Michigan or Maryland? and in what city?

How many drunk drivings has your son had?

In what city was he pulled over where the officer tore up his license?

Thanks
Customer: replied 1 year ago.

west branch michigan


2 drunk driving tickets


sterling michigan tore up his restricted license, handcuffed him and drove 74 miles an hour to police station putting my son;s life in danger driving so fast.

Expert:  xavierjd replied 1 year ago.
Hi Laura,

Do you mean that he was arrested in Sterling Heights, Michigan?

Was he arrested for driving outside of his restricted license? Or, do you know what he was charged with in Sterling?

Thanks
Customer: replied 1 year ago.


no Sterling Michigan yes he was driving outside of his restricted license the officer said he was doing 67 in a 55. but he said he wasnt going that he was pulling a 16 ft trailer to go pick up slab wood. and he had just stopped at a stop sign before that. just to let you know the cop knows him and doesnt like my son, we live in a small town. thanks for your help.

Customer: replied 1 year ago.


Arenac county

Customer: replied 1 year ago.

sorry not 2 drunk driving tickets one was impaired when he was 20 and the drunk driving when he was 21

Expert:  xavierjd replied 1 year ago.
Hi Laura,

Thanks for the further information. I want to look up a few things. I will be back with an answer for you asap. But, it may take some time.

Thanks for your patience.
Customer: replied 1 year ago.


ok thanks so much

Expert:  xavierjd replied 1 year ago.
Hi Laura,

I'm sorry. I have a couple more questions.

Why has your son had a restricted license for so long?

Hasn't he requested a hearing at DLAD (Driver's License Appeal Division) to have his license restored? If not, why not? If he has, what reason was he given by DLAD to not restore his license?

Thanks
Customer: replied 1 year ago.

 


My son says he did ask Sec Of State on getting restricted license they said that there was a waiting list. ( I don't know what that means)


 


He got drunk and impaired driving in 2007. From 2007 through 2010 he was driving back and fourth to work with no license . He had to work just bought a house.The company he works for wouldn't let him drive company truck. So that kept him back from getting promoted. In 2010 he had a hearing with a lawyer from Mt. Pleasant Mich and the DLAD and they said because he had failed once on the breathizer that they were going to give him a restricted licence. The restricted licence is still good till oct 8th 2013. I realize he is going to get fined but instead of going to jail for 90days or whatever can he request a breathizer in his truck again so he can go back and forth to work with a restricted license. this was his first offense.

Expert:  xavierjd replied 1 year ago.
Hi Laura,

Something doesn't seem right. There is no such thing as a "waiting list" at the secretary of state for a restricted license.

Did he get 2 offenses in 2007?

I need to do some research with the SOS. But, please let me know if he got 2 offenses in 2007.

Thanks
Customer: replied 1 year ago.


I think what happened they suggested him to get a lawyer then to go ahead of DLAD but he didn;t have money for a lawyer at the time.


 


I believe one offense was in 2003 when he was 20 then one in 2004 or 2005. not sure.


It sounds like my son is a drunk. But I assure you, he has grown up alot and has got more responsible. He is a hard worker and needs some kinda of license to continue to work.

Expert:  xavierjd replied 1 year ago.
Hi Laura,

Thanks for the information. I know I've been asking a lot of questions, but I want to make sure I can give you the best answer possible.

Let me do some research regarding the SOS. I'll be back with an answer asap, but again, it may take some time.

Thanks for your patience.
Customer: replied 1 year ago.


ok I hope im giving you the correct years. I think tomorrow I am going to the police station and see if my son can get a copy of his records or to the SOS. I really appreciate you helping him.

Expert:  xavierjd replied 1 year ago.
Hi Laura,

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.

http://www.schmierlaw.com/PracticeAreas/Driver-License-Appeal-Process.html



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.

It is my goal to provide you with excellent service. If you feel that you have received anything less, please ask follow up questions. If you are SATISFIED with my answer, PLEASE RATE IT AS EXCELLENT SERVICE or another POSITIVE RATING so that I can get credit for answering the question.

Thank you, XXXXX XXXXX of luck.

xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 6 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


thank you so much for all the information. God bless you.

Expert:  xavierjd replied 1 year ago.
Hi Laura,

Thank you SO very much for the "excellent service" rating. It is greatly appreciated. I am glad that you found the information useful.

If you have future questions, you can specifically request me as the expert.

Thanks again, and best wishes to you and to your son.

xavierjd

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