Preparing for Your License Restoration Hearing
After you have made the decision to retain the Barone Defense Firm we will begin helping you prepare for your DLR (driver’s license restoration hearing). Our assistance will include helping you prepare the three basic parts or pieces of evidence that you must submit prior to the hearing. These include:
- Your Substance Abuse Evaluation
- Your Testimonial Letters and/or Community Proofs
- Your Own Testimony
Here is a detailed description of each piece of evidence:
Substance Abuse Evaluation – Your Substance Abuse Evaluation must be current and prepared by a qualified professional. It must also be complete and accurate. You will be responsible for any deficiencies in the evaluation or inconsistencies between the information in the substance abuse evaluation and other evidence presented. Such inconsistencies may well cause you to lose your hearing. Because of this you and your lawyer should review the substance abuse evaluation carefully before submitting it to the DAAD.
- The substance abuse evaluation must have attached to it a copy of the written “testing instrument” and must also include a copy of your answers to this written test.
- You should also provide with the substance abuse evaluation an original copy of laboratory results of a 10-panel urinalysis drug screen report, including readings of the integrity variable creatinine and specific gravity.
- You should submit a normal urine specimen for testing between the date of receipt of the next Notice of DAAD Hearing and the actual date of the hearing.
- If you are under any medical care or attending counseling, then along with the substance abuse evaluation you should provide progress reports from care givers. If any medications are prescribed, the reason for them, the date they were prescribed, any changes in dosage, and the expected period that they will need to be taken should be specified. The report should indicate whether the medications are addictive or habit-forming and, if they are, that the prescribing doctor is aware of your prior substance abuse history.
Community proofs including testimonial letters – Your proofs must verify abstinence from alcohol, “non-alcoholic beer” and/or illegal drugs at least 3 witnesses and/or recent letters (maximum of 6) that conform to the directions contained in Form DAAD-66-that are very specific about length of any abstinence and that are from a cross-section of the community, such as from work, family, friends, and support groups- they should not be just from AA or support group attendees.
- Your testimonial letters must discuss:
- Your history/habits or drug and/or alcohol use, past and present.
- They must include very detailed and specific information regarding drinking habits in social settings, at home and at work if applicable.
- They must also state with specificity when you are last known to have consumed intoxicants.
- They should be from persons who now have and have had regular contact with the petitioner and have knowledge of his drinking history/habits over a long period of time.
- The letters must stand by themselves and not need buttressing by your testimony.
- The authors of the letters must include their address, the date the letter was written and a day time telephone number where they can be reached.
- It may be helpful for you to review sample testimonial letters but never copy these letters. Like everything else you submit, honesty is the best policy, and everything must be complete and accurate.
Proof of weekly attendance and participation in an established, structured substance abuse support group – Such groups include Alcoholics Anonymous (AA), Narcotics Anonymous (NA), Alcoholics for Christ, or SOS (Secular Organizations for Sobriety, also known as Save Our Selves) and/or regular participation in a recognized substance abuse treatment and/or counseling program.
- If the support group chosen is a 12-Step program such as AA, a sponsor should be acquired, and a report from the sponsor should be submitted.
- If a substance abuse treatment program is chosen, a progress report and any aftercare plan should be presented.
- Petitioner should be able to display knowledge of the recovery principles he or she has adopted.
The minimum necessary to request a DLR hearing is the substance abuse evaluation and a signed petition for license reinstatement. Everything else can be submitted at the hearing.
Once we have obtained a hearing we will schedule a time for you to come into the office to prepare your testimony. Success at a DLR can only occur if you are properly prepared. Our job at the Barone Defense Firm is to make sure that you are prepared. It is our committeemen to preparation that has lead to a 90% or better success rate.