State can make driver’s license restorations easier, less expensive

A few simple policy changes could enable thousands of Michiganders to safely restore suspended drivers’ licenses, according to a new report released by the Lansing-based nonprofit Safe & Just Michigan. The report, “Driving on a Suspended Livelihood: An analysis of Michigan’s license restoration process,” can be found at bit.ly/SJM-DL.

Having a driver’s license is often essential to getting to work, school, or the grocery store in a state that prides itself in being home to the automotive industry and that has few public transportation options outside major city centers. But restoring a license can be a confusing, laborious, and expensive process. The recommended changes include a new law requiring the court to perform an ability to-pay assessment before a person’s license is suspended due to unpaid court debt, and three changes to court and administrative rules governing the restoration process.

"Most of us have had the experience of scrambling to find a way to get to work or get our kids to school when your car is in the shop, but for people who have a suspended driver’s license, that becomes a daily challenge,” said Kamau Sandiford, Clean Slate Program Manager at Safe & Just Michigan and one of the report’s authors. “Without reliable transportation of their own or access to public transportation — which just doesn’t exist in many places in our state — a lot of people can’t get to good jobs, can’t take their kids to school and can’t even drive to the hospital in an emergency.” The changes suggested by the report include:

• Enacting a new law requiring an ability to pay assessment be conducted before a driver’s license is suspended to determine a person’s ability to pay fines and fees and restore their driver’s license.

• Establishing a consistent standard for “manifest hardship” throughout all Michigan courts, a status that shields people with low-income from being overburdened by court costs. Currently, each court applies manifest hardship on a case-by-case basis using its own standard.

• Removing or modifying the “habitual offender” rule, so that someone who last had an OWI offense 10 or 25 years ago won’t be considered a habitual offender.

• Limiting a hearing officer’s authority to compel a person to attend a support group such as Alcoholics Anonymous that isn’t required under law. Failing to attend current AA meetings has been used to deny license restoration, even when a petitioner completed an AA program years prior.

“Everyone who drives on Michigan roads has an interest in keeping them safe,” Sandiford said. “But when we hinder safe drivers from restoring driver’s licenses, we aren’t protecting anyone. All we are doing is making it harder for people to make a good living and provide for their families. Michigan’s courts and its Legislature should take these simple steps to fix this problem.”

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