DLAD Appeals
### Circuit Court Appeals: Your Second Chance
If you lose your hearing in front of the Secretary of State, License Appeals to the Circuit Court provide a crucial second opportunity to obtain your license. While this concerns only a small number of my clients, the Circuit Court option is vital for those who need it.
### Understanding Your Secretary of State Hearing Outcome
Our goal is always to win your case in front of the Secretary of State. If you succeed there, an appeal won’t be necessary. However, if you did not win, it’s important to understand why. Possible reasons include:
– The hearing officer made an error in their decision.
– Incomplete submission of favorable evidence.
– Weak, inconsistent, or damaging evidence.
– Unfavorable testimony.
– An inherently questionable case.
### Determining the Best Course of Action
To decide the best way forward, I need to review your paperwork and discuss your situation. You have two main options: appealing to the Circuit Court or waiting a year to pursue another Secretary of State hearing. The best option for you depends on various factors:
– If your case was weak, your chances of winning in the Circuit Court might be low. In this case, addressing the weakness and retrying with the Secretary of State later might be better.
– If the hearing officer made an incorrect decision or if you can remedy a defect at the Circuit Court, pursuing an appeal might be the right choice.
### Key Considerations for Appeals
Here are some important points to keep in mind about appeals:
– **Timeliness**: Your appeal must be filed within 63 days of your Secretary of State hearing.
– **Supplemental Evidence**: The Circuit Court can take supplemental testimony or documents. However, you cannot expand the record. If your case was weak before the Secretary of State, you may not be able to “fix” it in the Circuit Court.
– **New Law**: A law effective in August 2016 allows Circuit Court Judges to disagree with Secretary of State hearing officers and grant restricted licenses.
– **Alcohol Interlock Device**: An interlock device will be required, similar to if you had won in front of the Secretary of State.
### Get in Touch for a Consultation
Feel free to contact me to discuss your options. We can review your case and determine the best path forward for you.