What are my chances of winning an appeal in my DUI case? 6 Answers as of August 03, 2011

I was recently denied reinstatement of my driving privileges after a second DUI. The reason given was that my "Substance Abuse SASSI-3 Evaluation Report was deficient in a number of crucial areas". I have completed all court mandated requirements and paid all fines and responsibility fees. I attended AA for 6 months although it was not court mandated. I was told this was not sufficient evidence of abstinence. What are my chances winning an appeal on this ruling?

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Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
The short answer is "it depends." The record will show whether there was enough information at the Review Hearing to show that there was an abuse of discretion by the Hearing Officer. Also, the appeal is to the Circuit Court. So it will also depend on the Judge you get in your Court. You should hire an attorney to handle the appeal, who can then give you a better idea of your chances.
Answer Applies to: Michigan
Replied: 8/3/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
Not very good. They will want to see a period of abstinence AFTER probation is done and also voluntary AA afterwards.
Answer Applies to: Michigan
Replied: 8/3/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
Zero chance.
Answer Applies to: Michigan
Replied: 8/3/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
You are talking about a proceeding with the Secretary of State's Office to reinstate your driving privileges. That is completely different from a DUI conviction
Answer Applies to: Michigan
Replied: 8/3/2011
Law Offices of Jeffery A. Cojocar, PC
Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
It depends on all of the documents you submitted, your testimony and where the appeal would be.
Answer Applies to: Michigan
Replied: 8/2/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    I would have to see the entire evaluation report before I could give an adequate answer on that. A lot of people fail at getting their driving privileges back when they do it on their own. You really should consider getting an experienced attorney to do the appeal for you next time as they know exactly what the DAAD is looking for and what your letters must contain and what will get you denied at the hearing. Hiring an attorney will be worth it in the long run.
    Answer Applies to: Michigan
    Replied: 8/2/2011
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