EducatedButNotALawyer
New Member
- Jurisdiction
- Michigan
I hired an attorney to represent me for a claim of appeal for restoration of driver's license. I think he did a poor job.
Long back story short: I made poor decisions in my life related to drinking and driving. I got a DUI, when I was 16 in 2002, then 2012, then 2017. The two most recent were weird circumstances, where I wasn't even in the car and they arrested me at a later time. The small town I am in has a way of putting felony charges on top of the dui arrests. The two recent cases could have easily been taken to court and dropped. However with the looming unwarranted felony charges, this town then offers you a plea: take the dui and we will drop the felony charges. So I take the DUI. The 3rd was charged as a second due to the circumstances and timeframe. I am grateful that I am not a felon. However I did not know a plea deal gives up my rights to ever take it to trail, ever, very frustrating.
Current issue:
It has been over 4 years now since the arrest. I have not had a single legal issue and I am happily a sober man. Driver license appeals are slow. I waited the year, went to SOS Hearing with proper paperwork and was denied. Appealed with the court and they granted me a restricted license and blow and go. The breathalyzer was installed in March 2020. A year later had a second sos hearing and was denied, then I appealed with the court and that hearing date was a week ago.
I hired a well known dui firm in town, I received a young attorney that had only 1 year in practice. He made multiple errors in handling my requests to add info into brief, that I specifically requested, such as it being filed for 3 offences in 10 years, when it was only two. The brief did not have much in it at all but I felt confident that the hearing would go well. It has been over 4 years with zero legal problems, 1.5 yrs with breathalyzer, among many other proofs of drug testing and documentation to support my sobriety over the 4+ years.
THE PROBLEM:
Day of my trail, we were waiting in his office for the hearing to start via zoom, then after awhile received a call from the judge stating it was suppose to be in court. Rushed to court house, was sitting in the court room, no one was there. He then left the room, forgetting his paperwork in the courtroom, came back 15min later and said sorry judge said no full license, but you can drive til 9pm. I was so disappointed and took it as is. We left the courthouse.
I could not stop thinking about it. No trial? No Hearing? he forgot his paperwork? what did or didnt he say? I wanted to make a personal statement? I then thought, Can I appeal this hearing?
I contacted him and was cordial. He was rude, told me there's no transcript, no documents, nothing of proof as to what happened. that it is what it is. I said I would like to at least have a hearing and make a statement? He said go ahead and represent yourself and file a request for hearing if you want. I said can you please file the request for hearing for me? I know the court does not help people with paperwork. He said, nope I did my job I represented you. If you wanna represent yourself then go to law school... Wow, I thought to myself, how frustrating in is that I have an MBA and cannot legally represent myself.... but also though maybe I will get my JD as it could be done seeing I already have an MBA..... But the problem in hand needs to be delt with asap
How do I file a notice of hearing? is this a bad idea?
I figure it is worth the gamble to represent myself, weather I get the same judge or not. Otherwise I will have to wait another year or year and a half and do this also over again. Carrying the costs and burdens. Further I am self employed, have studied abroad and travel abroad. This is rather troublesome going abroad without a full license and hoping my car doesn't have an issue while sitting back home.
Thank you all in advance, I am grateful to the people on this forum.
Long back story short: I made poor decisions in my life related to drinking and driving. I got a DUI, when I was 16 in 2002, then 2012, then 2017. The two most recent were weird circumstances, where I wasn't even in the car and they arrested me at a later time. The small town I am in has a way of putting felony charges on top of the dui arrests. The two recent cases could have easily been taken to court and dropped. However with the looming unwarranted felony charges, this town then offers you a plea: take the dui and we will drop the felony charges. So I take the DUI. The 3rd was charged as a second due to the circumstances and timeframe. I am grateful that I am not a felon. However I did not know a plea deal gives up my rights to ever take it to trail, ever, very frustrating.
Current issue:
It has been over 4 years now since the arrest. I have not had a single legal issue and I am happily a sober man. Driver license appeals are slow. I waited the year, went to SOS Hearing with proper paperwork and was denied. Appealed with the court and they granted me a restricted license and blow and go. The breathalyzer was installed in March 2020. A year later had a second sos hearing and was denied, then I appealed with the court and that hearing date was a week ago.
I hired a well known dui firm in town, I received a young attorney that had only 1 year in practice. He made multiple errors in handling my requests to add info into brief, that I specifically requested, such as it being filed for 3 offences in 10 years, when it was only two. The brief did not have much in it at all but I felt confident that the hearing would go well. It has been over 4 years with zero legal problems, 1.5 yrs with breathalyzer, among many other proofs of drug testing and documentation to support my sobriety over the 4+ years.
THE PROBLEM:
Day of my trail, we were waiting in his office for the hearing to start via zoom, then after awhile received a call from the judge stating it was suppose to be in court. Rushed to court house, was sitting in the court room, no one was there. He then left the room, forgetting his paperwork in the courtroom, came back 15min later and said sorry judge said no full license, but you can drive til 9pm. I was so disappointed and took it as is. We left the courthouse.
I could not stop thinking about it. No trial? No Hearing? he forgot his paperwork? what did or didnt he say? I wanted to make a personal statement? I then thought, Can I appeal this hearing?
I contacted him and was cordial. He was rude, told me there's no transcript, no documents, nothing of proof as to what happened. that it is what it is. I said I would like to at least have a hearing and make a statement? He said go ahead and represent yourself and file a request for hearing if you want. I said can you please file the request for hearing for me? I know the court does not help people with paperwork. He said, nope I did my job I represented you. If you wanna represent yourself then go to law school... Wow, I thought to myself, how frustrating in is that I have an MBA and cannot legally represent myself.... but also though maybe I will get my JD as it could be done seeing I already have an MBA..... But the problem in hand needs to be delt with asap
How do I file a notice of hearing? is this a bad idea?
I figure it is worth the gamble to represent myself, weather I get the same judge or not. Otherwise I will have to wait another year or year and a half and do this also over again. Carrying the costs and burdens. Further I am self employed, have studied abroad and travel abroad. This is rather troublesome going abroad without a full license and hoping my car doesn't have an issue while sitting back home.
Thank you all in advance, I am grateful to the people on this forum.