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Michigan Driver’s License Restoration Blog

Why Burden of Proof is Important in Appeal Cases

Posted by Mark Langschied on February 3, 2012   |   Comments Off

What is the burden of proof in a Michigan driver’s license appeal case?  The burden of proof is clear and convincing.  This is considered to be a very tough burden to meet.  Perhaps the best way to illustrate this is to compare it with the standard of proof in a civil damages case.  In a civil case, the burden of proof is a preponderance of evidence.  To prevail, 51% or more of the evidence would have to be on your side.  However, clear and convincing is a much higher burden than this.

I tell my clients that if there is any doubt in the hearing officer’s mind about their case, they will loose.  This is why I recommend that you seriously consider hiring a Michigan drivers license reinstatement attorney.

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The Burden of Proof

Posted by Mark Langschied on January 19, 2012   |   Comments Off

The burden of proof is how persuasively you must prove your case in order to win your Michigan drivers license appeal. If your “proofs” – all of your evidence such as testimony and documents exceed the burden of proof – then you will win. If your evidence is less than the level of the required proof, you will lose. The consequences of losing are harsh: you must wait a minimum of one year before another appeal may be heard. This is why I recommend you seriously consider hiring an experienced Michigan drivers license appeal lawyer.

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Important Evidence for Your Michigan Driver’s License Appeal

Posted by Mark Langschied on November 28, 2011   |   Comments Off

It is critical to submit evidence to support your Michigan driver’s license appeal. If you fail to do so, the consequences may be severe because you may lose your Michigan driver’s license appeal.

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How Your Michigan DUI Attorney Will Size Up the Prosecution

Posted by Mark Langschied on January 4, 2011   |   Comments Off

One of the skills that distinguish an experienced Michigan DUI attorney is his ability to size up the prosecution.

For example, extensive notes are usually not taken in DUI cases, as prosecutors tend to view them as pretty cut-and-dry. If your OWI lawyer notices that the prosecutors are taking extensive notes during the pretrial phase of your case, it is a pretty strong sign that there is something unusual about your case. However, it may be difficult to tell if this is a good or a bad thing, whether this unusual behavior bespeaks a strength or weakness in the state’s case against you.

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Proof You Need To Support Restoration Of Your Michigan Driver’s License

Posted by Mark Langschied on August 23, 2010   |   Comments Off

Let’s suppose that you have a revoked driver’s license because you have a number of drunk driving convictions. You have made the decision to try to reinstate your Michigan driver license. What evidence can be presented at your license reinstatement hearing?

You should realize that your hearing is very similar to a trial. Quite simply, a hearing officer acts as the judge. The hearing officer listens closely to your testimony, reviews your evidence and finally makes the decision as to whether or not you will be given another opportunity to drive.
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Driver’s License Restoration: What You Need to Know Concerning the Hearing

Posted by Mark Langschied on July 28, 2010   |   Comments Off

If you have a revoked driver’s license due to multiple DUIs, it is useful to know what to anticipate at your Michigan driver’s license restoration hearing. The hearing is similar to a trial. Testimony and evidence is submitted to a hearing officer who will determine whether you can drive again. If you have an attorney, he or she can make opening and closing arguments. This is your lawyer’s chance to make a compelling, cogent argument on your behalf. Further, your attorney will ask you questions so that you can testify about why you should be allowed to drive. The hearing officer will also question you. Your lawyer will submit all of the supporting evidence such as your treatment records, Alcoholics Anonymous sign-in sheets, letters of sobriety and your substance abuse evaluation.

Now let’s focus on something critical to your success: Your testimony in front of the hearing officer.
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