MORTIMER LAW FIRM, PLC

SERVICE - INTEGRITY - ADVOCACY

Alpena, MI Office: (989)358-2100
Petoskey, MI Office: (231)487-1201

Drunk Driving Northern Michigan Law Firm

Being jailed for driving under the influence in Northern Michigan can be a frightening experience.  Many individuals think that (Driving under the Influence) DUI cases cannot be defended. This is incorrect.  If you get a DUI or OWI in the Alpena, Petoskey, or in the Northern Michigan area contact us at info@rdmortimerlaw.com or at (989) 358-2100. Your first consultation will be free of charge.


DUI General Information Driving under the influence of alcohol is among the most common offenses in our country.  Defending DUIs has become more complex because of the “legal limit” for alcohol consumption being lowered and the courts placing harsher penalties on individuals convicted of DUI (OWI is the Michigan term for drunk driving offenses).

The most obvious modification to our DUI laws was the introduction of the per se law. The per se law states that it does not matter whether you were actually impaired, it only looks to see if your blood alcohol level was above the legal limit. In Michigan, if a motorist has a blood alcohol content (BAC) of.08 or above they are presumed to be intoxicated.

 

In Northern Michigan, upon arrest you will be instructed to take the BAC test. You will be told to blow into a gadget called the BAC Datamaster.

 

Michigan Drunk Driving/OWI/OWVI Law

Many people arrested for Drunk Driving/OWI/OWVI have never had any experience with Michigan’s criminal justice system. Understanding your options requires the advise of an experienced attorney.

DRIVERS LICENSE RESTORATION Northern Michigan

Our Drivers License Restoration attorneys at Mortimer Law Firm understand the importance of a Michigan State issued License.  When a driver from Northern Michigan has his or her motorist’s license suspended or withdrawn, our driver’s license restoration lawyers are ready to assist. If your license has actually been suspended or withdrawn because of numerous incidents of driving under the influence (DUI) or Operating a vehicle While Intoxicated (OWI), please contact us today.

Our attorneys in Northern Michigan have the experience to get your Michigan Drivers license reinstated.  A lawyer will address any questions you have and explain our proven method to get your license restored. Contact us today to discuss your situation.

We will promptly send you an information packet and begin the process of scheduling your restoration hearing. In many cases, hearings are scheduled within six to eight weeks from the date of the request.

What we can do to reinstate your Michigan Drivers License?

Our firm’s success is the outcome of preparation and a clear understanding of the law. Our legal representatives will assist you to collect and complete all the information needed for your hearing or administrative review before the Circuit Court. Our lawyers stand out by tailoring their arguments to the certain facts in your case.  Our track record is impressive and results have been built on the strength of our professional legal services in all areas of Northern Michigan: Alpena and Petoskey, MI.

Driver’s License Restoration

If your license has been revoked, you know the hardship of not being able to legally drive. Don’t miss the limited opportunity you have to restore your driving privileges by improperly handling your License Restoration Hearing. We represent clients Secretary of State driving appeals and if needed, their appeals at the Circuit Court to get a fair hearing. Let our insight and experience guide you through the driver’s license restoration process.

To discuss our services, please call us at (989) 358-2100.

THE MICHIGAN DRIVER ASSESSMENT & APPEAL DIVISION

The most serious licensing action in Michigan is a revocation. A revocation means the termination of an individual’s operator’s license and privilege to operate a motor vehicle. There are numerous ways under Michigan law to trigger a license revocation; however, the most common manner is as a result of repeat drunk driving convictions. Under Michigan law, a person who is convicted of drunk driving twice within a 7 year period has their license revoked for a minimum 1 year period. A subsequent revocation within 7 years of a prior revocation results in a 5 year minimum revocation.

It is important to understand that a revocation is much different from a license suspension. A driver is only eligible to reapply for a license after the minimum revocation period is over. There is no guarantee that the license will be returned after the minimum period of revocation. A suspension is for a definite period of time and carries a “from” and “through” date. When the “through” date is reached, the driver simply has to go to a Secretary of State Branch office and pays the reinstatement fee to have their license reinstated.

Habitual Offender License Appeals

After the minimum period of license revocation has expired, the Driver Assessment and Appeal Division (DAAD- formerly known as the DLAD) notifies the driver that they are eligible to apply for a hearing before the DAAD hearing officer for re-licensure. The application for hearing must be accompanied by certain documentation including community proofs regarding sobriety, a substance abuse evaluation and other documentation to rebut the presumption that the driver will continue to drink and drive. Most people fail to adequately or properly submit their proofs which account for individuals having a low probability of success of regaining their license.

Do I Have To Have A Lawyer?

You can choose to represent yourself. However, we strongly recommend having an attorney assist you. Keep in mind that you can’t reapply for a hearing for one full year after losing a DAAD hearing. You want to get it right the first time.

The DAAD Services We Provide

We walk our clients through the process from beginning to end. If possible, it is best to contact us several months before you are eligible for a hearing so that we can make certain that you are taking the necessary steps to improve your chances at license restoration. Our services include:

  • We provide clients with examples of well-written community proofs
  • We review the client’s community proofs and suggest revisions where necessary
  • We put clients in touch with substance abuse professionals who an provide necessary services including substance abuse counseling, substance abuse assessments an support groups
  • We prepare clients for the hearing itself by reviewing their proposed testimony and identifying potential “red flag” issues.

Our system of review and preparation has had a great deal of success. We understand the hardships associated with a license revocation and if you can’t afford to be without your license, it is important to get it right the first time.

The Mortimer Law Firm is experienced in the operation and functionality of this device and knows how to attack the credibility of its results by questioning thevalidity of each test because of human or mechanical error. If you are charged with a DUI or OWI, please do not hesitate to contact the Mortimer Law Firm.

Our attorneys are highly skilled and trained to represent you and fight for your rights. We have two offices in Northern Michigan: Petoskey and Alpena, MI.