Submitting an Admin. Hearing - 10 years later

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Latest post 01-27-2012 10:55 AM by vorph. 24 replies.
  • 01-13-2012 4:20 PM

    • vorph
      Consumer
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    • Joined on 07-04-2010
    • FL
    • Posts 19

    Submitting an Admin. Hearing - 10 years later

    So I realize this is odd but here's the deal:

     

    July and August 2001 I got back to back DUI's in Michigan. Nevermind why but it happened, no injuried, wrecks or anything thankfully as I realize how dangerous that was for me to do, and stupid. They were in Michigan and I hired an Attorney who represented me well, I had my car immobailized, did a year probation, blew in the machine at hy home for 90 days, went to AA for a year, paid all tickets, fines, court costs, did the victim's impact panels but never applied for my license back. I'm not only a procrastinator but I was pissy with the stae so I just didn't. Anyway I now would like to drive again as the time is necessary for me to. I have the paperwork ready to go, 10 panel test results, counseling tests were administered but I do not have any current AA slips because, well, I haven't had anything to drink in 10 years and I wasn't an alcoholic anyway (please don't start a debate over that, this is an honest question meant to be taken seriously regardless of what you think of me, thank you)

    So is that going to screw mw or will the state take a peek at my record, which has been squeaky clean since 2001 (and I had not been in any legal trouble before or after for anything) and give me a break. Not that I want you to tell me they will approve it, just want to know if it's going to screw me not having AA slips after 10 years?

     

    Thanks much!

  • 01-13-2012 5:31 PM In reply to

    Re: Submitting an Admin. Hearing - 10 years later

    Which state is the hearing going to occur in?

    Michigan or Florida?

    And was your driver license revoked or suspended?

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-13-2012 5:38 PM In reply to

    • vorph
      Consumer
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    • Joined on 07-04-2010
    • FL
    • Posts 19

    Re: Submitting an Admin. Hearing - 10 years later

    Hi and thanks for replying. It's a "mail in request for administrative review or hearing" as I cannot afford another attorney at this point in my life. Mailed to the SoS of Michigan

  • 01-13-2012 8:26 PM In reply to

    Re: Submitting an Admin. Hearing - 10 years later

    Try reading my questions again. You missd one.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-13-2012 8:42 PM In reply to

    Re: Submitting an Admin. Hearing - 10 years later

    According to this one attorney's website:

    "It will also be necessary for you to present some evidence of participation in a structured support group. This typically means AA, but attendance and participation in AA is not critical. The ... Firm has successfully obtained driver license privileges for drivers who did not participate in AA, but this does make the hearing much more difficult to win."

    http://www.mi-dui-central.com/content/mi_administrative_hearing.php

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-13-2012 8:55 PM In reply to

    • vorph
      Consumer
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    • Joined on 07-04-2010
    • FL
    • Posts 19

    Re: Submitting an Admin. Hearing - 10 years later

    revoked, in Michigan 2 = gone pending review. Not sure of the exact letter of the law suspended or revoked but my priveldges are gone.

  • 01-13-2012 8:58 PM In reply to

    • vorph
      Consumer
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    • Joined on 07-04-2010
    • FL
    • Posts 19

    Re: Submitting an Admin. Hearing - 10 years later

    Hey that's good information there, thank you very much :)

  • 01-13-2012 9:12 PM In reply to

    Re: Submitting an Admin. Hearing - 10 years later

    Your welcome.

    I was wondering why you didn't take a shot at getting a Florida driver license.

     

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-13-2012 9:33 PM In reply to

    Re: Submitting an Admin. Hearing - 10 years later

    You appear to be in FL now.  As Jack indicates, have you applied for a license in FL?  While MI might have you suspended, and FL can recognize that and refuse to give you a license, it isn't REQUIRED to refuse you a license, and if the computers in FL don't check the interstate database, you might get a license.

    Beyond that, reinstatement provisions are VERY state-specific and if a MI suspension is hassling you in FL, you MUST follow the MI provisions to the letter.  No attorneys from that state are on the boards.  You might call any law schools near where you might have to appear and see if they have a clinic that might be able to help.

  • 01-13-2012 11:13 PM In reply to

    • vorph
      Consumer
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    • Joined on 07-04-2010
    • FL
    • Posts 19

    Re: Submitting an Admin. Hearing - 10 years later

    Hmm well I was told by a Michigan attorney via email when I asked that Michigan's revocation covers the US not just Michigan, otherwise I haven't tried at all. 

  • 01-13-2012 11:17 PM In reply to

    • vorph
      Consumer
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    • Joined on 07-04-2010
    • FL
    • Posts 19

    Re: Submitting an Admin. Hearing - 10 years later

    I applied for a license in Louisiana in 2009 and they denied me. However at the time I had not paid off a speeding ticket and I am not sure what was holding me up. I replied to the other post saying that a Michigan attorney told me the revocation from Michigan covered the entire US but I am not sure he was just going for a fee, I don't know <shrug> maybe I should try here anyway?

     

    P.S. it occured to me that in 2001 when I did all the AA stuff, I did indeed turn in slips, I was on Probation for a full 12 months and had to, so I bet my file up there has those, so I did actually demonstrate sobriety "on papr" for a full year after the conviction. Maybe things aren't as bleak?

  • 01-13-2012 11:19 PM In reply to

    • vorph
      Consumer
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    • Joined on 07-04-2010
    • FL
    • Posts 19

    Re: Submitting an Admin. Hearing - 10 years later

    @FORD btw are you an Attorney? The titel on your username states Lawyer, can you confirm that in Florida they do not check cross country database for sure?

  • 01-14-2012 1:19 AM In reply to

    Re: Submitting an Admin. Hearing - 10 years later

    I am an attorney.  I'm not in FL or MI,  however.

    An attorney in MI may have told you that a suspension in MI covers all the US, but I believe there are a very small number of states that do not participate in that system.  I have no experience with your two states, and this issue doesn't come up in my practice.

    And even if your current state does participate, if some overworked and lazy clerk in MI failed to do the right paperwork or check a box in a computer, it is POSSIBLE that the suspension might not be in the national database.

    Chances are that you cannot get a license in FL right now, but it sounds like you have not checked that out.

    That would be the easiest way to get licensed.  Just because LA found the suspension, that doesn't mean FL will, or would recognize it.

  • 01-14-2012 11:06 AM In reply to

    • vorph
      Consumer
    • Not Ranked
    • Joined on 07-04-2010
    • FL
    • Posts 19

    Re: Submitting an Admin. Hearing - 10 years later

    Thanks, I did check and Michigan doesn't take part in one of the "pacts" I cannot remember the acronym but anyway...Ok then, thanks. I think I will go down to the DMV and apply to see what happens and go from there. Thanks!

  • 01-14-2012 9:50 PM In reply to

    Re: Submitting an Admin. Hearing - 10 years later

    Come back and let us know.  If it works, I expect two Hail Mary's - one for Jack, one for me.

    But also recognize it LIKELY isn't going to work.

    And also recognize that if FL gives you a license, it won't work in MI, and it MIGHT not work in any state that is part of the compact and isn't FL.  Every single state can regulate your driving privilege.

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