Alabama Administrative Code › Title 760 - ALABAMA LAW ENFORCEMENT AGENCY › Chapter 760-X-1 - PROMULGATED RULES › Section 760-X-1-.07 - Suspension And Revocation Of Driver License Under The Point System

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Section
			 32-5A-195,
Code of Ala. 1975
, as amended, provides that the
			 Director of Public Safety shall forthwith revoke the license of any driver upon
			 receipt of such driver's record of any of the following offenses when such
			 conviction has become final:
(a) manslaughter
			 resulting from the operation of a motor vehicle;
(b) driving a motor vehicle by a person who
			 is a habitual user of narcotic drugs, or while intoxicated, any felony in the
			 commission of which a motor vehicle is used;
(c) failure to stop and render aid as
			 required under the laws of this state in the event of a motor vehicle accident
			 resulting in the death or personal injury of another;
(d) perjury, or the making of a false
			 affidavit or statement under oath to the Director of Public Safety under this
			 article, or under any other law relating to the ownership or operation of motor
			 vehicles.
Section
				32-10-1(b),
Code of Ala. 1975
, as amended, also provides that the
				Director shall revoke the driver license of persons convicted of leaving the
				scene of an accident under this section. Section
				32-5A-195,
Code of Ala. 1975
, as amended, further provides that
				the Director of Public Safety of the State of Alabama is authorized to suspend
				the driver license of a driver whom he/she determines to be:
(1) a habitually reckless or negligent driver
			 of a motor vehicle, or (2) is a habitual violator of the traffic laws.
However, there is no clear, uniform basis upon which the
				Director may act in finding that the driver license of a person should be
				suspended on either or both of the above grounds.
Therefore, in order to establish a uniform system of suspending
				a driver license on either or both of the grounds listed in Section
				32-5A-195,
				the following classifications of point values shall be assessed for the
				following enumerated offenses against each driver, occurring within or without
				the State of Alabama:
(a) Any
			 conviction which resulted from a charge that involved the drinking of alcoholic
			 beverages and the driving of a motor vehicle but did not require mandatory
			 revocation of the driver license..........................................6
			 points
(b) Reckless driving or
			 reckless endangerment involving operating a motor vehicle.....................6
			 points
(c) Failure to yield right
			 of way............5 points
(d)
			 passing stopped school bus...............5 points
(e) wrong side of road/illegal
			 passing.......4 points
(f)
			 following too closely....................3 points
(g) disregarding traffic control
			 devices.....3 points
(h) all other
			 moving violations..............2 points
(i) inability to control vehicle.............2 points
(j) improper operation of motorcycle........
			 2 points
(k) Speeding violation to
			 include 1-25 mph over speed limit....................................... 2
			 points
(l) Speeding 26 or more over
			 speed limit.... 5 points
(m)
			 Drinking alcohol while operating a
			 vehicle................................................ 2 points
(n) Admin per se............................
			 6 points
(o) Fail to obey
			 construction/maintenance zone markers/flagman/police officer/restricted
			 lane......... 3 points
(q)
			 Emergency vehicles violation............ 2 points
(r) Fail to signal/use incorrect turn signal
			 2 points
(s) Making improper
			 turn.................... 2 points
(t) Coasting................................ 2 points
(u) Unsafe operation........................
			 2 points
(2) The
			 Director shall suspend a driver license in accordance with the following
			 schedule, provided, however, that the Director may modify or alter the
			 suspension period as set out below, if upon the completion of the
			 administrative hearing, the findings warrant a different suspension period:
(a) 12-14 points in a 2-year
			 period...........60 days
(b) 15-17
			 points in a 2-year period...........90 days
(c) 18-20 points in a 2-year period..........120 days
(d) 21-23 points in a 2-year
			 period..........180 days
(e) 24 and
			 above Points in a 2-year period...365 days
(3) Upon receipt of notice of the suspension
			 of his/her driver license, the driver may request a pre-suspension or
			 administrative hearing in the county of his/her residence before an agent of
			 the Director of Public Safety. If a driver requests a pre-suspension hearing
			 within 10 days of the date of the notice, suspension is deferred until date of
			 hearing. The result of this hearing will be forwarded to the Director of the
			 Department of Public Safety who shall either affirm, rescind, or reduce the
			 period stated in said order of suspension or good cause appearing therefore,
			 may extend the period of suspension of such license.
(4) Upon notification of the results of the
			 administrative hearing, the driver, if dissatisfied with the results of said
			 hearing, has 30 days within which he/she may appeal to the circuit court of the
			 county of his/her residence.
(5)
			 Reports of traffic convictions shall retain their point value for suspension
			 purposes for a period of two years from the date of conviction.
(6) If upon an administrative hearing the
			 period of suspension is mitigated, the points shall remain effective during any
			 period or probation which may be imposed.
(7) If a licensee changes his/her name or
			 address, he/she shall notify the Department of Public Safety, Driver License
			 Division, within 30 days.