Michigan’s Rule 13
Your Michigan Driver License Restoration Hearing will be governed by administrative “Rule 13″ which indicates that you must “rebut a presumption” that you are a habitual offender of the drunk driving laws and/or that you are an alcoholic.
Rule 13 further requires that you must present clear and convincing evidence (a very high burden of proof) that this is not a valid presumption in your case.
Various case law is used interpret this standard of proof and administrative rule 13, and it is important for your lawyer to be familiar with this case law.
According to Rule 13, in order to win your Michigan DLR hearing you must show, by clear and convicing evidence:
- That your alcohol abuse problems, if any, are under control and likely to remain under control.
- That you currently represent a low or minimal risk of repeating your past abusive behaviors.
- That you currently represent a low or minimal risk of repeating the act of operating a motor vehicle while impaired by or under the influence of alcohol.
- That you have the ability and motivation to drive safely and within the law.
- Any other showings as are relevant to the above issues such as complete abstinence from any kind of alcohol or non-alcohol [near beer] for a minimum period of one year.
At the Barone Defense Firm we will assist you every step of the way in obtaining evidence that will meet your burden of proof.
With proper preparation and good testimony at the hearing your chances of getting a license back in Michigan are excellent. If you mess-up, and don’t meet your burden of proof, not only will you have to wait another year, but your chances next time will be even less.