...the driving conditions on the roads of the nation are hostile to their best outcomes.
The restoration laws of Michigan which appear below are simply an example. Every State in the country of the USA needs to enforce their speed limits and give those seeking restoration a chance to succeed.
The pressure to exceed the speed limit on the roads of the USA is very high. It is time to SLOW them down.
...Under MCL 257.323(4), habitual offender license revocations can be set aside by the Circuit Court only if the petitioner's substantial rights had been prejudiced because the Departmental determination was:
- In violation of the Constitution of the United States, the State constitution of 1963, or a statute.
- In excess of the Secretary of State's 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 whole record.
- Arbitrary, capricious, or clearly an abuse, or unwarranted exercise, of discretion.
- Affected by other substantial and material error of law.
As can be seen, the intent is to make offenders exhaust their administrative remedies. The Circuit Court must affirm the action of the agency or grant full license restoration. MCL 257.323(4) makes clear that restricted driving privileges are not available from the Circuit Court...
