Secretary of State Formal Administrative Hearing Level III – Dependent In the Matter of the Revocation of the Driver’s License and Driving Privileges of K.T.
Our client came to us after being denied the privilege to have her driver's license at three prior formal hearings at the Secretary of State. She had used different attorneys prior to coming to us, which lead to the continued denial of her driving privileges and continued driver's license revocation. After meeting with this client in my office, we prepared her testimony and went to a hearing. The hearing elicited that our client had four previous DUI arrests over a fifteen-year period, three of which resulted in DUI convictions, one of which was dismissed in court. Subsequent to the DUI arrests, our client also had no less than five driving while suspended/revoked charges, which are all Class A misdemeanors.
At the hearing, our client admitted to being a chemically dependent person. She testified to having the following symptoms of dependence: black outs, passing out, loss of control of drinking, binge drinking, withdrawal when she stopped drinking, hangovers, drinking more than she intended, and increased tolerance. In addition, her family and friends had complained repeatedly of her excessive use of alcohol. At the hearing, our client admitted being a chemically dependent person, and the treatment provider that we referred her to, taught her some important lessons on how to make significant changes to her lifestyle by practicing yoga, coaching athletics, and working on a graduate degree. The evaluator and treatment provider also identified her triggers, which could potentially relapse her into drinking of stress and confrontation.
When we petitioned the Secretary of State for the reinstatement of her privileges, our client had been sober and active in AA meetings for well over one year. At that hearing and through our help, our client proved an ongoing and adequate support system through her involvement with AA to the Secretary of State. She also demonstrated sufficient working knowledge of and commitment to her support system and, again, we provided sufficient evidence attesting to her current involvement in that support system so that the Secretary of State would find that she was no longer a risk to the community and a danger to the public safety.
Due to the fact that our client testified so thoroughly and honestly relative to her treatment and past background, the Secretary of State found that we carried the burden of proving that she has satisfactorily addressed her chemical dependency and that she would be a safe and responsible driver if granted driving relief. The petitioner was granted a restricted driving permit for one year and after satisfactorily completing the term of the restricted driving permit, was granted full driver's license reinstatement through the Secretary of State and her license to drive is clear with no restrictions.