Over 100 Years of Combined Experience in Criminal Law

Types of Driving Permits and Eligibility

Typically speaking, a revocation of a person's driver's license will be revoked, after which that person will be eligible for a permit to drive after a certain period of time. As a general rule, a person is eligible to apply for a permit before applying for full reinstatement of his or her driver's license. When a person is eligible and for what that person is eligible can be complex, depending on that person's driving history and the basis or bases of the revocation of his or her driver's license.

With that said, there really is only a single kind of permit a person is eligible for after a revocation of his or her driver's license, and it is called a "Restricted Driving Permit." A Restricted Driving Permit is exactly what its name implies: restricted. Restricted Driving Permits only allow people to drive for certain reasons on certain days between certain hours. For example, a person can obtain a Restricted Driving Permit to go to and from work, school, and routine medical appointments, as well as to take his or her children to and from daycare and school. That person will only be able to go to work, for instance, on Monday through Friday from 9:00 a.m. to 5:00 p.m.

Restricted Driving Permits have often been referred to as being a "Hardship Permit." This is a common misnomer, but illuminates an important facet of seeking a Restricted Driving Permit. That facet is hardship. Many people will have to prove—by clear and convincing evidence, no less—that they have suffered a hardship as a result of the revocation of his or her driver's license. This hardship is not just any hardship. Instead, it is an "undue hardship." People frequently misunderstand what undue hardships really are. Undue hardships are significantly more than just inconveniences. For example, a person who has no problems getting around even without a driver's license, does not have an undue hardship. Only when a person has suffered real consequences as a result of not being able to drive will an undue hardship exist.

We speak with people all of the time who do not believe that they have a hardship, but the reality is usually anything but. Many people have lost friends, had relationships suffer, spent money on cabs, been late due to relying on public transportation, been out of work, or been unable to apply for other jobs or promotions as a result of not being able to drive. The problem for many people is the unfairness of losing their license. Establishing a hardship is just one thing we must prove at a hearing. Once we have established it, there are other things we must prove as well. The person whose hardship is ten times worse than your average person is not entitled to a permit, and instead has only just established the existence of a hardship. For example, the single mother, who does not have her driver's license, has four (4) kids and three (3) jobs can establish a hardship, but the job of getting a permit does not end there.

We help people get Restricted Driving Permits and full reinstatement of their driving privileges every day, and we are successful at doing so. We try to turn an art into a science, so that all of our clients are fully informed, ready to go to their hearing, and increase their chances of success significantly. Getting back on the road is entirely doable with the right help, and we are here to help people do just that.

Copyright © 2017 by Brendan Bukalski

The information provided in this article is general in nature, and should not be relied upon as legal advice or interpreted as creating an attorney-client relationship . As a general rule, all specific legal problems should be handled by an individual's attorney. All rights reserved. Any copying, duplication, or commercial use of the information contained in this column is strictly prohibited without prior permission.