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        <title><![CDATA[AA - Serafini, Michalowski, Derkacz & Associates, P.C.]]></title>
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        <description><![CDATA[Serafini, Michalowski, Derkacz & Associates's Website]]></description>
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                <title><![CDATA[The Driver’s License Appeals Process – Part 2]]></title>
                <link>https://www.smdalaw.com/blog/the-drivers-license-appeals-process-part-2/</link>
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                <dc:creator><![CDATA[Serafini, Michalowski, Derkacz & Associates]]></dc:creator>
                <pubDate>Thu, 23 Aug 2012 10:36:52 GMT</pubDate>
                
                    <category><![CDATA[License Restoration]]></category>
                
                
                    <category><![CDATA["hearing officer"]]></category>
                
                    <category><![CDATA["Twelve Steps"]]></category>
                
                    <category><![CDATA[AA]]></category>
                
                    <category><![CDATA[appeal]]></category>
                
                    <category><![CDATA[assessment]]></category>
                
                    <category><![CDATA[dui]]></category>
                
                    <category><![CDATA[Michigan]]></category>
                
                    <category><![CDATA[sobriety]]></category>
                
                    <category><![CDATA[sponsor]]></category>
                
                
                
                <description><![CDATA[<p>In our previous installment, we discussed the appeals process in Michigan. We likened the process of hiring a DUI attorney to assist you in this process to hiring an experienced Sherpa to guide you to the top of the mountain. Well, in obtaining your substance abuse assessment, you are taking the first steps in your&hellip;</p>
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<p>In our <a href="/blog/">previous installment</a>, we discussed the appeals process in Michigan.  We likened the process of hiring a DUI attorney to assist you in this process to hiring an experienced Sherpa to guide you to the top of the mountain.  Well, in obtaining your substance abuse assessment, you are taking the first steps in your trek.</p>



<p>Provided that the assessment is encouraging and an appeal hearing has been requested, it is important to discuss witnesses who can attend the hearing to testify regarding your sobriety, as well as those individuals who can provide written documentation substantiating your sobriety.  However, the most important and compelling witness at this hearing is you.  That’s right.  You can make or break the hearing.  This isn’t said to induce stress, but you are the individual seeking reinstatement of your driving privileges.  You carry the burden in convincing the hearing officer that you are ready to drive again.</p>



<h2 class="wp-block-heading" id="h-embrace-sobriety">Embrace Sobriety</h2>



<p>We always recommend that our clients attend <a href="http://www.aa.org" rel="noopener noreferrer" target="_blank">AA</a> for an extended period of time before petitioning for restoration of their license.  <a href="http://www.aa.org/aatimeline/" rel="noopener noreferrer" target="_blank">AA</a> is an outstanding organization founded in 1935 by Bill Wilson and Dr. Bob Smith in Akron, Ohio.  Its “primary purpose is to stay sober and help other alcoholics achieve sobriety.”  You are encouraged to refer to the  attached original <a href="http://www.aa.org/lang/en/en_pdfs/smf-121_en.pdf" rel="noopener noreferrer" target="_blank">Twelve Steps</a> of Alcoholics Anonymous.
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You should be also be able to recite the <a href="http://www.aa.org/lang/en/en_pdfs/smf-141_en.pdf" rel="noopener noreferrer" target="_blank">Serenity Prayer</a> adopted by AA, which is:</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p>God, grant me the serenity to accept the things I cannot change,<br>Courage to change the things I can,<br>And wisdom to know the difference.</p>
</blockquote>



<p>AA offers meetings virtually twenty-four (24) hours a day in thousands of locations throughout Michigan and the United States.  You can’t convince someone that you simply couldn’t find a meeting to attend, even if you have transportation issues as a result of losing your license.</p>



<p>At your hearing, expect to be asked the Twelve Steps and/or the Serenity Prayer.  You may be asked to recite the fifth step or the eighth step.  That’s why it is important to know the steps, and to live by the steps.  Hearing officers conduct thousands of hearings every year.  They know when the steps are merely recited by a petitioner, and they know when the petitioner knows the steps because he or she lives by the steps.  Be genuine during the hearing.</p>



<p>Another indication that you are embracing sobriety is to have a sponsor, someone who mentors, encourages and guides you through your quest to stay sober.  It takes some time and some continuity in attending meetings to find a sponsor.  A sponsor is someone you can call on when you have the urge to drink, and you need to be talked out of drinking.  A hearing officer wants to not only know that sobriety has been maintained, but he also wants to know that you are equipped and supported to make different life decisions that returning to drinking.  He wants to know how things are going to be done differently now than they were done before.  Your Michigan DUI attorney will prepare you for some anticipated questions.  This should make the hearing less stressful and should enable you to focus.</p>



<p>Contact the experienced Michigan DUI lawyers at <a href="/lawyers/">SMDA</a> to schedule an appointment. As always, the initial consultation is free. SMDA will help you in the process or having your license restored and getting your life back on track.</p>
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                <title><![CDATA[The Role of a Michigan DUI Attorney and Client Addiction]]></title>
                <link>https://www.smdalaw.com/blog/the-role-of-a-michigan-dui-attorney-and-client-addiction/</link>
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                <dc:creator><![CDATA[Serafini, Michalowski, Derkacz & Associates]]></dc:creator>
                <pubDate>Fri, 18 May 2012 16:19:10 GMT</pubDate>
                
                    <category><![CDATA[Substance Abuse Treatment]]></category>
                
                
                    <category><![CDATA["alcohol addiction"]]></category>
                
                    <category><![CDATA["substance abuse"]]></category>
                
                    <category><![CDATA[AA]]></category>
                
                    <category><![CDATA[assessment]]></category>
                
                    <category><![CDATA[counseling]]></category>
                
                    <category><![CDATA[therapy]]></category>
                
                
                
                <description><![CDATA[<p>Unfortunately for their clients, many DUI attorneys take the limited view that their job is to simply practice law and advise their clients relative to laws in Michigan regarding drinking and driving offenses. The problem with this view is that it fails to address the underlying addiction which may have played a role in leading&hellip;</p>
]]></description>
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<p>Unfortunately for their clients, many DUI attorneys take the limited view that their job is to simply practice law and advise their clients relative to laws in Michigan regarding drinking and driving offenses.  The problem with this view is that it fails to address the underlying addiction which may have played a role in leading to a DUI arrest in the first place.</p>

<p>While it is true that not all DUI lawyers are psychologists or substance abuse specialists, this does not mean that these attorneys cannot make valuable recommendations and suggestions regarding treatment.  Whether a client is facing a first time DUI arrest or a second or third arrest, developing relationships with addiction specialists can prove to be an invaluable resource.</p>

<p>During an initial client interview, an experienced DUI practitioner should be able to get a sense as to whether a client arrested for a DUI was simply exercising poor judgment, or whether it is a sign of a serious alcohol addiction.  To resolve doubt either way, it may be wise to refer a client for a substance abuse assessment.  While these assessments are usually associated with the license restoration process, they can also serve a very important purpose with a DUI arrest.  A substance abuse assessment by a licensed substance abuse counselor can indicate whether a client is in need of substance abuse treatment, AA attendance, counseling, or some combination involving more than one form of treatment.  It can also indicate whether the DUI arrest might be symptomatic of other issues, including the need for mental health treatment.  Quite simply, an assessment can provide a measure of a client’s tendency for alcohol dependency or alcohol abuse.</p>

<p>A client who takes the results from the assessment seriously and follows its recommendations can begin the process of receiving treatment and gaining insight toward their problems.  Being proactive is key toward gaining this necessary insight.  As an aside, it stands to reason that a DUI client facing a judge for sentencing will go a long way toward establishing the road to recovery by demonstrating this proactivity.  Judges take notice of those DUI defendants appearing before them who don’t need to be told by the court that they need treatment or counseling.  When DUI defendants do things on their own initiative, it demonstrates that the arrest and charge are being taken seriously and steps are being taken to lessen the likelihood of additional court involvement and new criminal charges down the road.
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Judges often say that they are particularly impressed by DUI defendants who are proactive and demonstrate a sincere desire to gain insight and address those issues that lead to the arrest.  When a Michigan DUI client is proactive, the court may very allow them to continue a treatment on their own rather than being ordered to follow a court regimen of treatment.  Sometimes those court-sponsored are not tailored enough to meet your client’s needs. Moreover, your client may development a trust relationship with the counselor or therapist they are seeing.  They may have formed a bond.</p>

<p>This is not to suggest that a DUI client should do certain things simply with a means toward appearing in a more favorable light.  Being proactive should demonstrate a level of sincerity by your client.  The attorneys at SMDA are equipped to make recommendations for their clients with treaters throughout Southeastern Michigan.  If you are arrested for a drinking and driving offense, be proactive and contact an SMDA attorney.</p>

<p>Of course, look to your attorney for specific treatment recommendations, but a good starting point can be found at the <a href="http://findtreatment.samhsa.gov" rel="noopener noreferrer" target="_blank">Substance Abuse & Mental Health Services Administration</a>.</p>

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