The Law Offices of William Margolin

What Are The Different Types Of Restricted Driving Permits (RDP)?

It is highly likely that the first type of driving relief you will receive is a restricted driving permit (RDP). The Secretary of State has the legal authority to issue an RDP to allow you to drive to and from work, as well as drive on the job once you are at your place of employment.

The Secretary of State can also issue an RDP so that you can attend AA meetings and regularly scheduled medical appointments for you and family members. If you are a student, you may request an educational driving permit to drive to school and between classes.

The Secretary of State also has the authority to issue day care permits. These allow household members to take and pick up their children from day care.

You may not request full reinstatement until you have used the permit for 9 months. After having your RDP for 9 months you must have another formal hearing to request your full license.

How Can An Attorney Help Me In A Reinstatement Hearing?

There are definite benefits a lawyer such as myself who concentrates in driver’s license hearings would provide you. For instances, having the minimum required paperwork does not come close to guaranteeing that the Secretary of State will be satisfied, after hearing your testimony, that your evaluation and other paperwork is adequate.

The evaluator, working with me, should play a critical role in making certain that the paperwork is the highest-quality necessary to increase your chances of obtaining driving relief. Unfortunately, just as in all other walks of life, a good evaluator will make the extra effort; an ineffective evaluator will do the minimum necessary to get by.

Of course, sometimes I may not be familiar with any evaluators in your geographic area. Or, the process may be too far along for me to work with one of the evaluators that I know.

Even in these circumstances, I can provide the evaluator with guidance and/or decrease his or her workload. I have found that most evaluators are willing to work with me once they realize that I am willing to do whatever is possible to help you.

Another critical step in the process is the actual hearing. Before the hearing, you and I will meet to prepare your testimony. At the end of our meeting, I will have asked you, and we will have discussed your response to, every question you will be asked at the hearing, or at least every question that is important to your case. However, I cannot control your performance at the hearing.

So, there you have it. I will not promise you victory but I will, however, guarantee that: your paperwork will be prepared and will be in good order; you will be prepared for the questions and answers; you will be present with a lawyer who has an enormous amount of experience dealing with a process completely unfamiliar to you; you will not be on your own when taking on the Secretary of State’s lawyer; the hearing officer who hears your case will be reasonably open-minded; and you will not be strong-armed into postponing your hearing.

Why You Should Not Attend Your First Hearing Alone?

There is a common belief that you will automatically be denied at your first hearing. The theory goes that you hire the lawyer after the first denial. That thinking is faulty.

To start with, while it generally is true that your case will be looked at more closely the first time through, a first hearing denial is far from automatic.

But being represented at a first hearing is important even if you lose. That is because your presentation at the first hearing sets the table for every hearing that follows.

If your paperwork is not up to par, the Secretary of State is, at future hearings, more likely to be suspicious of the competency of your evaluator. Those suspicions may be completely unfounded, but that does not help you.

More important than the Secretary of State’s impression of your evaluator is his impression of you. When you attend these hearings, you provide the Secretary of State with evaluations, treatment documents and possibly letters. The Secretary of State will also have his own documents, including your complete driving record, as well as the arrest reports, tickets and court disposition sheets from all your DUIs.

At the hearing, you will be placed under oath and be required to answer numerous questions from the Secretary of State’s lawyer. You will be questioned about the contents of your, and the Secretary of State’s, documents. They will expect your responses to their questions to be consistent with all that paperwork.

If everything does not match up to his expectations, the hearing officer will, in his decision, essentially brand you a liar. That label will drag you down at every hearing.

First impressions are the most lasting. Therefore, even if you hire me after a denial, you, your evaluator and I will spend a great deal of time and energy explaining the answers you provided at previous hearings.

Your chances of winning are better if I am with you. Do not lose sight of the fact, however, that if you are not successful in our first attempt, the issues that led to the denial will almost certainly be more manageable than if you attend your hearings without me.

This claim may sound self-serving because it encourages you to hire me earlier rather than later. However, my experience has been that the people who have to pay me to attend the most number of hearings are those who hire me to straighten out the mess they made by going it alone at a previous hearing or hearings.

For more information on Restricted Driving Permits (RDP), a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (847) 623-2424 today.

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