Order Regarding Driver License Restoration After Review Of Record {CC 269}

Original - Court 1st copy - Secretary of State Approved, SCAO 2nd copy - Petitioner 3rd copy - Attorney general/Prosecutor STATE OF MICHIGAN CASE NO. JUDICIAL CIRCUIT ORDER REGARDING COUNTY DRIVER LICENSE RESTORATION AFTER REVIEW OF THE RECORD Court address Court telephone no.Petitioner name, address, and telephone no. Respondent SECRETARY OF STATE v OF THE STATE OF MICHIGAN Driver License Appeal Division PO Box 30196 Driver license no. Date of birth Lansing, Michigan 48909-7696 Petitioners attorney, bar no., address, and telephone no. Respondents attorney, bar no., address, and telephone no.Date of Hearing: Judge: Bar no.1. On petitioner filed a petition for review of the Date Date a. revocation/suspension for: (for arrests from 1/1/92 through 9/30/99) 2 convictions for OUIL/UBAC within 7 years with arrest date after 1/1/92 [MCL 257.303(1)(f)(i) and (2)(c)] 3 convictions for any combination of OUIL/UBAC/OWI with arrest date after 1/1/92 [MCL 257.303(1)(f)(ii) and (2)(f)] a conviction under MCL 257.625(4) or (5) [MCL 257.303(1)(d) and (2)(d)] a conviction of negligent homicide, manslaughter, or murder involving use of motor vehicle [MCL 257.303(1)(e), (2)(e)] second implied consent suspension [MCL 257.323(4)(a)] b. suspension/revocation/restriction/denial other than License action an application denial for medical reasons, driver assessment suspension/restriction, first implied consent suspension, or mandatory additional suspension for driving while license suspended: (for arrests after 10/1/99) IT IS ORDERED: 2. Second Implied Consent: After a review of the record under MCL 257.322 in the matter of a second implied consent appeal: a. the hearing officer properly determined the issues listed in MCL 257.625f for a second implied consent suspension in accordance with MCL 257.323(4)(a). The hearing officers decision is upheld by a preponderance of the evidence and the petition is denied. OR b. the hearing officer did not properly determine the issues listed in MCL 257.625f for a second implied consent suspension for the following reasons: The hearing officers decision is set aside and the suspension and points shall be removed from the driving record. 3. Administrative Revocation/Denial: After a review of the record created under MCL 257.322 in the matter of a determination resulting in a denial or revocation authorized under MCL 257.303(1)(d), (e), or (f) or MCL 257.303(2)(c), (d), (e), or (f); a. the hearing officers decision is upheld by competent, material, and substantial evidence on the whole record in accordance with MCL 257.323(6) and the petition is denied. OR b. the hearing officers decision is set aside and the petition is granted because the petitioners substantial rights have been prejudiced by the determination, which is: in violation of the constitution of the United States, the State constitution of 1963, or a statute. in excess of the Secretary of States statutory authority or jurisdiction. made upon unlawful procedure resulting in material prejudice to the petitioner. not supported by competent, material, and substantial evidence on the whold record. arbitrary, capricious, or clearly an abuse or unwarranted exercise of discretion. affected by other substantial and material error of law. (order continued on other side) MCL 257.323, MCL 257.323a-cCC 269 (6/03) ORDER REGARDING DRIVER LICENSE RESTORATION AFTER REVIEW OF THE RECORD <<<<<<<<<********>>>>>>>>>>>>> 2 This conclusion is based upon the fact that The decision shall be set aside and full licensing privileges shall be reinstated subject to the payment of a reinstatement fee and compliance with renewal procedures. c. the court remands the matter to the Driver License Appeal Division for4. This order is without effect if no review of the appellate record prepared under MCL 257.322 has been conducted as required by MCL 257.323(6). 5. In all other cases for arrests after 10/1/99: a. After a review of the driving record created under MCL 257.204a, it is found the action was legally imposed pursuant to law. b. The action was imposed in violation of law and is set aside.This order shall be void and without effect if a certified copy of this order is not served on the Secretary of State, Driver LicenseAppeal Division, PO Box 30196, Lansing, Michigan 48909-7696 within 7 days of the date this order is signed.Date JudgeApproved as to form: Assistant attorney general/Assistant prosecuting attorneyNOTE: Any relief granted in either of the above orders does not overrule any restriction, denial, suspension, or revocation whichwas imposed under: administrative denial for any arrest for drunk driving after January 1, 1992 - see MCL 257.323(6) [MCL 257.303(1)(d), (e), (f)(i), or (f)(ii), and MCL 257.303(2)(c), (d), (e), or (f)] trial court sentence for drunk driving or under 21 blood alcohol content - see MCL 257.323(5)(a) [MCL 257.625 or 257.626b] CDL [see MCL 257.323(8)] [MCL 257.312f, MCL 257.319a, or MCL 257.319b] failure to appear in court or failure to comply with judgment - see MCL 257.323(5) [MCL 257.321a] unsatisfied judgment - see MCL 257.323(7) [MCL 257.512] trial court sentence for a drug conviction - see MCL 257.323(5)(b) and(9) [MCL 257.303(1)(n) and MCL 257.319e]