Michigan Driver Assessment Reexamination
Have you or a loved one been notified of a driver’s license assessment and reexamination due to a possible health concern? If so, here is what you need to know!
Michigan Driver’s License Assessment and Reexamination Attorneys Who Can Help
If the Michigan Department of State has notified you that you must appear for a Driver’s License Reexamination and Assessment due to a possible medical or mental health condition, you may feel overwhelmed and unsure what to expect. Understanding the process and your rights can help you prepare effectively. Unless public transportation is readily available, your ability to drive in Michigan is essential. Without the assistance of an experienced attorney, winning an administrative license reexamination hearing can be challenging. The attorneys with LEWIS & DICKSTEIN, P.L.L.C. have decades of experience helping clients effectively navigate the complexity of driver’s license hearings with the Michigan Department of State. They have the expertise, experience, and tenacity to win and a track record that is a testament to their consistent success.
Driver’s License Assessment Reexamination and Appeal Hearings in Michigan
Under Section 257.320 of the Michigan Vehicle Code (MVC), the Department of State may conduct a reexamination of a driver if there is reason to believe that the person is incompetent to drive or is afflicted with a mental or physical infirmity or disability, rendering it unsafe for them to drive. Reports from law enforcement, medical professionals, or even concerned citizens can initiate a driver’s license reexamination. Even family members, who often believe they are in the best position to judge a family member’s physical and mental abilities, are the reporting source. Although you might know who referred you for a reexamination, the referral source is sometimes a mystery.
The reexamination process involves thoroughly reviewing your driving record, medical records, and possibly a driving test. The Secretary of State’s goal is to assess whether you can safely operate a vehicle. If you work with the license restoration attorneys with LEWIS & DICKSTEIN, P.L.L.C., we will assist you in preparing for the reexamination hearing to ensure you have the greatest odds of winning. We will work with you to obtain the evidence necessary to prove you can safely drive a motor vehicle. Examples of documents and evidence that might be helpful at your hearing include the following:
- medical records from your physician or specialist
- therapy or psychiatric records
- pharmacy records
- letters of community support
- a professional driving safety evaluation
- witnesses to testify at the hearing on your behalf
- forensic toxicology reports and/or an expert
- tangible physical evidence
- audio and video evidence
- motor vehicle repair records and documentation
- sworn statements from family, friends, and coworkers who have actually been in a vehicle driven by you and who can prepare an affidavit as to your safe operation of a vehicle.
Should I Bring a Lawyer to My Driver’s License Reassessment Hearing?
Yes, bringing a lawyer to your driver’s license reassessment hearing can be highly beneficial. An experienced attorney can help you understand the legal standards and requirements, prepare documentation, and represent you effectively during the hearing. Complete and meticulous preparation significantly improves your chances of retaining your driving privileges. A lawyer will know what the examiners want to hear and, also importantly, what they don’t want to hear. A non-lawyer who is being evaluated, or an inexperienced lawyer, will not know the right sort of evidence that will help in the evaluator’s legal judgment.
How Does the Reexamination Process Work?
The Driver’s License Reexamination process begins with a notification from the Michigan Department of State requiring you to attend a reexamination. During the reexamination, the Hearing Officer will ask you to provide information about your medical condition, undergo a vision test, and possibly perform a driving skills test. The hearing officer will review all the evidence, including any medical reports, and consider the arguments of your lawyer before deciding whether to suspend your driving privileges.
Driver’s License Appeal Hearings
You have the right to appeal the decision if the Michigan Department of State suspends, revokes, or restricts your driver’s license following the reexamination. According to MCL 257.323, you may petition for a review of the determination in the circuit court in the county where you were arrested or, in all other cases, in the circuit court in your county of residence. The appeal is based on the record made at the administrative hearing. Because the circuit court judge might not permit you or your lawyer to admit additional evidence or testimony, it is essential that you fully and completely present your case at the administrative hearing. If you fail to admit or present essential evidence, the circuit court judge will likely refuse to consider it on an appeal. The Michigan Attorney General’s Office will represent the Department of State at the circuit court.
How to Win at the Michigan Department of State
To increase your chances of success in a driver’s license assessment hearing, consider the following tips:
- Gather comprehensive medical documentation that clearly outlines your condition and its impact on your driving ability.
- Obtain statements from medical professionals attesting to your fitness to drive.
- Demonstrate a history of safe driving and compliance with medical treatments or recommendations.
- Consider a driver safety evaluation for additional proof that you have the ability to drive safely and within the law.
- Work with an experienced attorney to prepare and present your case effectively.
The Team with LEWIS & DICKSTEIN, P.L.L.C. is Your Best Hope for Keeping Your Driving Privileges
At LEWIS & DICKSTEIN, P.L.L.C., our experienced license restoration attorneys understand the intricacies of the Michigan Driver Assessment Reexamination process. We are committed to providing personalized and effective representation to help you retain your driving privileges. With a proven track record of success and a complete understanding of Michigan’s vehicle laws, our team is your best hope for successfully navigating this challenging process. If you or a loved one is facing a driver’s license reexamination, contact LEWIS & DICKSTEIN, P.L.L.C. today for a free consultation. We are here to help you every step of the way.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you.
We Are Not Afraid to Win!
