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If you’ve had your license revoked or suspended in Michigan, the driver’s license restoration process can be complicated. Hiring driver’s license attorneys can be the easiest and fastest way to restore some or all of your driving privileges. Let’s take a look at the types of violations that can lead to the loss of your license and how an attorney can help with license restoration.
Types Of Traffic Violations
Motor vehicle traffic violations are categorized either as civil violations or as misdemeanors or felonies. In Michigan, as in most states, people with traffic violations incur “points” on their driver’s license. In Michigan, accumulating 12 or more points on your driving record within two years can lead to suspension or revocation of your driver’s license. Please note that violations from other states can be added to this total.
Let’s take a quick look at each type of violation and the number of points one typically receives when convicted of these violations.
Civil Infractions
These minor violations typically result in fines and points on your driving record but do not usually carry criminal penalties, such as jail time. Examples include:
- Speeding (1-10 mph over the limit): 2 points
- Speeding (11-15 mph over the limit): 3 points
- Failure to stop at a red light or stop sign: 3 points
- Improper lane usage: 2 points
- Seat belt violations: No points
Misdemeanors
These are more serious offenses than civil infractions and can result in criminal charges, fines, points on your driving record, and possible jail time. Examples include:
- Reckless driving: 6 points
- Driving with a suspended or revoked license: 2 points
- Operating While Intoxicated (OWI): 6 points
- Leaving the scene of an accident (property damage): 6 points
- Open intoxicants in a vehicle: 2 points
Felonies
These are the most serious traffic offenses, and they carry severe penalties, including significant fines, having your driving privilege revoked and extended imprisonment. Examples include:
- Third or subsequent OWI offenses: 6 points
- OWI causing serious injury or death: 6 points
- Fleeing and eluding law enforcement: 6 points
- Vehicular manslaughter: 6 points
- Unlawful driving away of an automobile without the owner’s consent (joyriding): 6 points
Commercial Driver Licenses: Stricter Regulations & Penalties
In Michigan, holding a Commercial Driver’s License (CDL) subjects you to stricter regulations and penalties for traffic violations compared to non-commercial drivers. While the point values assigned to specific violations are generally consistent regardless of license type, the consequences for CDL holders are more severe due to federal and state regulations governing commercial drivers.
Key Differences for CDL Holders
Disqualification Periods: Certain violations can lead to disqualification from operating commercial vehicles. For example:
- A first conviction for operating a commercial vehicle under the influence of alcohol or controlled substances results in a one-year disqualification.
- However, if you were transporting any hazardous materials, the disqualification will be extended from one year to three years.
- A second offense leads to a lifetime disqualification.
Lower Blood Alcohol Concentration (BAC) Threshold: For non-commercial drivers, a BAC of 0.08% is considered an OWI. However, for those with a CDL, A BAC of 0.04% or higher while operating a commercial vehicle is considered an OWI.
Reporting Requirements: If you have a CDL and have incurred a traffic violation (except parking violations) conviction, you are required to notify your employer within 30 days. This includes traffic violations in your personal vehicle as well as your work vehicles.
Impact of Personal Vehicle Violations: Traffic violations committed in a personal vehicle can still affect your CDL status. For instance, a DUI conviction in your personal vehicle can lead to CDL disqualification.
While the point system remains the same, the heightened penalties and stricter standards for CDL holders underscore the importance of maintaining a clean driving record to preserve your commercial driving privileges. However, if you have lost these privileges, a driver’s license restoration lawyer may be able to help with CDL restoration.
License Reinstatement In Michigan
The Michigan driver’s license restoration process can be extremely complex, particularly for alcohol-related offenses, as the state requires clear evidence of rehabilitation. A revoked license lawyer understands the system, legal requirements, and common pitfalls, providing a significant advantage in presenting a strong case and navigating any roadblocks.
How A License Restoration Attorney Can Help
1. Assess Your Case
- A drivers license attorney will evaluate the circumstances that led to the license suspension or revocation, such as points accumulation, OWI convictions, or unpaid tickets.
- They can identify any legal issues or potential defenses.
2. Prepare Your Case
- Help you gather necessary documentation, such as proof of sobriety (if applicable), completion of court-ordered programs, and letters of reference.
- Assist in drafting a strong petition to present to the Administrative Hearings Section (AHS) of the Michigan Department of State.
3. Legal Representation In Court
- A driver license attorney will represent you at the license restoration hearing, presenting your case and advocating on your behalf.
- Ensure all legal arguments and evidence comply with Michigan law.
4. Navigating Sobriety Proof Requirements
For those with substance-related offenses, an attorney can assist in proving a period of sobriety, arranging substance abuse evaluations, and demonstrating a commitment to recovery.
5. Attorneys Can Find & Address Mistakes
Believe it or not, we find that mistakes are made in these cases all the time. We can identify and correct any errors in your driving record that may complicate the restoration process.
Contact Lievois Criminal Law Today!
Hiring a license restoration lawyer can make the difference between continued suspension and regaining your driving privileges. At Lievois Criminal Law, we handle hundreds of driver’s license restoration cases every year, including OWI cases. Our team has a 95% success rate in restoring driving privileges for our clients. Don’t navigate this process alone, contact us at any time to set up a consultation and let’s get your driving privileges restored.
