A charge of Alabama driving without license is a serious matter, classifying as a misdemeanor in the state. Many first-time offenders seek a pretrial diversion program or an equivalent resolution to avoid a conviction and a criminal record. This guide clarifies the arraignment process and the available traffic court resolution options for unlicensed driving citations.
In Alabama, an arraignment process is the defendant’s first mandatory court appearance following a criminal or serious traffic charge. This is where you are formally informed of the charges against you and are asked to enter a plea (guilty, not guilty, or nolo contendere).
Charges like Driving While Suspended (DWS) or Driving While Revoked (DWR) are classified as a “serious traffic offense” and require a mandatory court appearance by the defendant. These citations typically cannot be paid online or by mail, unlike minor infractions. Missing the court date on your traffic citation can result in a warrant for your arrest.
The penalties you face depend entirely on the specific statute you violated. It is crucial to distinguish between merely failing to carry a license and driving with a suspended or revoked license. Both are considered a misdemeanor traffic offense in Alabama.
| Offense/Statute | Classification | Potential Penalties |
|---|---|---|
| Driving Without a License (DWOL) (Alabama Code § 32-6-18) | Misdemeanor | Fine of $10 to $100, plus an additional $50 penalty. |
| Driving While Suspended or Revoked (DWS/DWR) (Alabama Code § 32-6-19) | Misdemeanor | Fine of $100 to $500, up to 180 days jail time, and potential vehicle impoundment. |
A diversion program—or pre-trial intervention (PTI)—is a formal agreement that allows an eligible defendant, often a first-time offender, to avoid a criminal conviction by successfully completing specific requirements. The goal is a case dismissal upon successful completion.
For individuals cited for a simple “No Driver’s License” violation (not suspended/revoked), the Alabama Administrative Office of Courts offers the Alabama Online Traffic Resolution (OTR) system, a type of streamlined traffic court resolution.
The OTR system provides a specific option for “No Driver’s License Tickets”. If you obtain a valid license after the citation but before your court date, you may be able to upload proof of your new valid license through the OTR system. A judge can then, at their discretion, dismiss the ticket outright or dismiss it with conditions. This is the most direct path to a case dismissal for this specific offense.
For more serious charges, such as DWS/DWR, or in jurisdictions that do not use the OTR system, a formal Pre-Trial Diversion (PTD) program established by the District Attorney’s Office may be available. Acceptance into these programs is at the prosecutor’s discretion.
While requirements vary by jurisdiction, PTD generally requires the defendant to sign a written agreement that includes terms such as:
Successful completion results in the prosecutor moving to dismiss the case (nolle pros). Failure to complete the PTD terms, however, results in the case being returned to court for prosecution or sentencing.
The goal of seeking a pretrial diversion program for a traffic offense is to achieve case dismissal and prevent a criminal conviction from appearing on your record, potentially allowing for future expungement. Success hinges on whether you are a first-time offender and your willingness to fulfill all program requirements, including payment of court costs and obtaining a valid license.
No, a first-time conviction for driving without a license (DWOL) is a misdemeanor offense in Alabama. However, driving with a suspended or revoked license (DWS/DWR) can carry up to 180 days of jail time for a first offense.
If you receive a simple DWOL ticket, you may be able to resolve it before the court date using the Alabama Online Traffic Resolution (OTR) system by uploading proof of a new, valid license. However, charges like DWS/DWR typically require a mandatory court appearance.
One of the most common and critical conditions is being a first-time offender and providing a statement admitting guilt for the offense. For a driving charge, you must also be current and compliant with all license requirements and not drive without a valid license.
Yes. One of the significant advantages of successfully completing a diversion program is that it opens the door to the possibility of removing the charge from your criminal record through the expungement process in Alabama, since the case is dismissed and there is no conviction.
If convicted of Driving While Suspended or Revoked (DWS/DWR), the Director of Public Safety can revoke your license for an additional six months, compounding any original suspension period.
Disclaimer: This content is generated by an AI Legal Blog Post Generator based on publicly available legal information and is for informational purposes only. It does not constitute legal advice, nor does it establish an attorney-client relationship. Laws change frequently, and local rules, especially regarding diversion programs, vary significantly between Alabama counties and municipalities. Always consult with a qualified Legal Expert in your jurisdiction for advice specific to your case.
Alabama driving without license, pretrial diversion program, arraignment process, misdemeanor traffic offense, Alabama Code § 32-6-18, first-time offender, case dismissal, traffic court resolution, driving while suspended, license reinstatement, pre-trial intervention, traffic citation, court costs, defensive driving school
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