Categories: Criminal

Alabama Driving Without a License: Your PTD Diversion Option

The Pre-Trial Diversion Path for Unlicensed Driving in Alabama

A charge for driving without a license (DWOL) in Alabama can lead to serious consequences, including fines and jail time. However, for many first-time, non-violent offenders, the Pre-Trial Diversion Program (PTD) offers a critical alternative. This comprehensive guide, written by an AI-powered legal content generator, explores the PTD program’s structure, eligibility, and the steps to seek a dismissal of your traffic charge.

A misdemeanor conviction can carry long-term implications far beyond the immediate fine, potentially impacting future employment and opportunities. Understanding the PTD program is the first step toward protecting your record and driving privileges.

What Is Alabama’s Pre-Trial Diversion Program (PTD)?

The Alabama Pre-Trial Diversion Program is a system developed by District Attorneys’ offices across the state, operating under state law (such as §12-17-226 et al.) to offer an alternative to traditional criminal prosecution.

PTD is essentially a contract between the defendant and the District Attorney. It allows certain individuals charged with crimes, including many traffic offenses, to have their case dismissed with prejudice upon the successful completion of a highly supervised program.

🔑 Key Benefit: Dismissal & Expungement

The primary advantage of the PTD program is that upon successful completion, the pending criminal charges are dismissed. This crucial step then opens the door for the individual to petition the court for the expungement of the arrest record, meaning the charge can be removed from public criminal history, a benefit not available with a conviction.

PTD Eligibility for Driving Without a License Charges

While the specifics of the PTD program can vary significantly between counties and municipal courts in Alabama, the core eligibility criteria remain consistent. A charge of driving without a license (DWOL) is generally considered an eligible traffic offense.

General Eligibility Criteria:

First-Time Offender: The program is primarily for non-violent, first-time offenders, though some light prior records may be considered.
No Prior Diversion: You cannot have previously completed the same or a similar diversion program in any state or county.
Admit Guilt: The defendant must formally admit guilt to the offense as a condition of entry.
No Pending Felonies: Applicants must not have a prior pending felony on their record.
Resolve Balances: Any prior outstanding court costs, fines, or traffic tickets must be paid in full prior to PTD acceptance.
Non-CDL Status: Individuals charged with a traffic offense who possessed a Commercial Driver’s License (CDL) or were operating a commercial motor vehicle (CMV) are often ineligible.

The District Attorney’s office has sole discretion regarding who is admitted into the PTD program, even if a person meets the initial criteria. Working with a Legal Expert can be vital in negotiating acceptance.

Program Requirements and Financial Costs for Traffic Offenses

Once approved, the defendant must sign a written agreement outlining the terms, duration, and conditions of the program. Completion of these requirements, which typically span several months, is mandatory for dismissal.

Typical PTD Conditions:

Financial Obligations: Participants must pay an application fee and a program fee, in addition to any required court costs and fines.
Community Service: Completing a set number of hours of community service is a common requirement for the program.
Education/Counseling: Depending on the facts of the case and the county, you may be required to complete classes such as traffic safety, defensive driving school (DDS), or general education/job training.
No Further Violations: The agreement requires you to obey all laws and refrain from committing any new criminal offenses. You must also resolve any issues preventing you from having a valid license and must not drive without one during the program.

💰 Costs of Traffic Diversion

The statutory maximum fee for a traffic offense PTD program is set at up to $450. However, this figure does not include other mandatory costs like application fees, court costs, supervision fees, or fees for required external programs like the Court Referral Officer Program.

Fee Type	Potential Cost
Statutory PTD Program Fee (Traffic)	Up to $450
Application Fee (varies)	$50 – $100+
Total Expected Expenditure (e.g., Troy Municipal Court)	$1,300 – $1,400 (Comparable to non-diversion penalties)

Note: Fees may be waived or reduced by the District Attorney due to indigency or reduced ability to pay.

The High Cost of a Conviction: Driving Without a License (DWOL)

If you choose not to pursue or are denied the PTD program, or if you fail to complete the program requirements, your case will proceed to trial, and a conviction may result in significant penalties.

Case Study (Hypothetical): Conviction vs. Diversion

A driver is pulled over and charged with DWOL (a misdemeanor under §32-6-18 or §32-6-19).

Conviction Outcome: The defendant faces a fine ranging from $10 to $500, plus a mandatory $50 traffic fund penalty, and could be sentenced to up to 180 days in jail. Furthermore, the Alabama State Law Enforcement Agency (ALEA) may impose a 6-month license suspension increase. A permanent criminal record is created.
PTD Outcome: The defendant pays program fees, completes community service and classes, but upon successful completion, the case is dismissed, resulting in no conviction, no jail time, no new suspension, and the opportunity for expungement.

The PTD program is often a more favorable option because it allows the defendant to maintain their driving privileges and avoids the costly and time-consuming process of license reinstatement with the Department of Public Safety.

Summary: Steps to Pursue Diversion

If you are charged with driving without a license, the following steps generally apply to pursuing a Pre-Trial Diversion opportunity:

Consult a Legal Expert: Discuss your criminal history and the specifics of your charge to determine initial eligibility for the PTD program in your jurisdiction.
File the Application: Obtain and file the PTD application packet with the Circuit Clerk’s Office, along with the required application fee.
Background Check and Interview: The District Attorney’s office will conduct a thorough background check and may schedule an interview to assess your commitment to the program.
Formal Approval and Agreement: Upon approval, you will plead guilty and sign the PTD agreement, officially entering the program.
Complete All Requirements: Adhere strictly to the terms, including paying all fees, attending required classes/counseling, and completing community service.
Case Dismissal: Once all conditions are met, the District Attorney’s office will dismiss the pending charge.

Final Card Summary: PTD for DWOL

The Pre-Trial Diversion Program in Alabama provides a powerful path to avoid a criminal conviction for a driving without a license charge. By completing a period of supervision and meeting conditions set by the District Attorney, you can secure a case dismissal and protect your future record from the lasting effects of a misdemeanor conviction. This process is highly individualized and is always subject to the discretion of the prosecutor and local court rules.

Frequently Asked Questions (FAQ)

Can I get into the PTD program if I have a suspended license?

Yes, but with caveats. You must resolve any outstanding issues, including a suspended or expired driver’s license, and must not drive without a valid license once you enter the program. The goal is to obtain a valid license by the end of the diversion period.

How long does the PTD program take for a traffic offense?

The length of the program is determined by the written agreement with the District Attorney and can vary based on the nature of the offense and the requirements imposed. For many cases, the program is designed to be completed within a period such as 12 months.

What happens if I fail to complete the Pre-Trial Diversion program?

If you fail to meet the program requirements, the Pre-Trial Diversion agreement is terminated, and the original case will be reinstated on the trial docket. Because you must typically plead guilty to enter the program, a sentence could be immediately imposed, or the case would proceed to sentencing/trial.

Is there a difference between a municipal and a district/circuit court PTD program?

Yes. Municipal courts, like Auburn, often have their own diversion programs specifically for municipal ordinance violations, which can include traffic offenses. While they share the same goal, eligibility, fees, and program requirements can differ, so it is essential to check the rules of the court where your citation was issued.

Can my case be expunged after PTD?

Successfully completing the PTD program leads to a dismissal of the charge (nolle prosequi). In Alabama, the dismissal of a criminal charge opens the door for the defendant to apply for an expungement of their criminal record related to that arrest, though additional requirements and fees apply.

Disclaimer: AI-Generated Content

This post was generated by an AI and is intended for informational purposes only. It is not a substitute for professional legal advice. Alabama laws regarding Pre-Trial Diversion and traffic offenses are complex and vary significantly by county and judicial circuit. You should always consult with a qualified Legal Expert to discuss the specific facts of your case and your eligibility for any court program.

The Alabama Code is subject to change. Always refer to the most current statutes and local court rules for accurate legal information.

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