Can I get a felony hit-and-run charge dismissed through PTD?

Most Alabama PTD programs exclude charges involving serious injury or death, which are classified as Class C felonies. While some programs may allow deferred adjudication for felonies, dismissal upon completion is less common for severe offenses, making these cases very challenging.

How long does a Pretrial Diversion Program last?

The length of the program is determined by the written agreement, often lasting between six months to a year, but it varies based on the offense, the required conditions (like treatment), and the county.

Do I have to admit guilt to enter a PTD program?

Yes, PTD agreements typically require the offender to provide a statement admitting responsibility for the offense and often require entering a plea of guilty, which is deferred or held in abeyance until completion of the program.

Does being accepted into PTD guarantee expungement?

No. Successful completion leads to the dismissal of charges, which is a prerequisite for being eligible for expungement. Expungement is a separate legal process that must be formally petitioned to the court after the dismissal.

Can I apply for PTD if I have a Commercial Driver's License (CDL)?

No. Alabama Code specifically states that a CDL holder, or one operating a commercial motor vehicle, who is charged with a traffic law violation, is not eligible for a deferred prosecution or diversion program.

Categories: Court Info

Alabama Hit and Run Diversion Program: Eligibility and Hope

Meta Overview: Navigating Alabama’s Traffic Offenses

For individuals facing a hit-and-run charge in Alabama, the path forward often includes exploring alternatives to a standard criminal conviction. This post outlines the core legal obligations, the severe penalties for violations, and the potential for participating in a Pretrial Diversion Program (PTD) to achieve a positive outcome and potential expungement.

Topic Focus: Alabama Hit-and-Run Charges and Pretrial Diversion
Key Audience: Individuals charged with or concerned about Alabama traffic offenses, including hit-and-run.

A motor vehicle accident is a stressful event, but leaving the scene—commonly known as a hit-and-run—turns a civil matter into a serious criminal one in Alabama. Understanding the state’s stringent legal requirements and knowing that options like a Pretrial Diversion Program (PTD) may exist is the first critical step toward protecting your future.

The Foundational Law: What Alabama Requires

Alabama law, specifically Code § 32-10-1, mandates specific duties for any driver involved in an accident that results in injury, death, or damage to a vehicle or property. Failing to fulfill these duties constitutes a hit-and-run violation, regardless of who was at fault for the crash.

Mandatory Driver Actions After an Accident

Stop Immediately: The driver must stop the vehicle at the scene or as close as possible and remain there.
Render Reasonable Assistance: This includes checking for injuries and calling for medical help if anyone is hurt.
Exchange Information: Provide your name, address, and vehicle registration number. You must also show your driver’s license upon request.
Report the Incident: If the accident involves injury, death, or property damage exceeding the statutory threshold (historically $250 or $500), you must report it to local law enforcement.

The High Stakes: Misdemeanor vs. Felony Charges

The severity of a hit-and-run charge hinges entirely on the outcome of the collision. Penalties in Alabama are severe and can include hefty fines, license suspension, and significant jail or prison time.

Charge Classification	Circumstance	Potential Penalties
Class A Misdemeanor	The accident results only in property damage.	Up to 1 year in jail and a fine of up to $6,000.
Class C Felony	The accident results in personal injury or death.	1 year and 1 day up to 10 years in prison, and a fine of up to $15,000.

Legal Expert Caution: Why Drivers Flee

Drivers may flee the scene for reasons that ultimately compound their legal trouble, such as being uninsured, driving with a suspended license, or having an outstanding warrant. However, the consequences of a hit-and-run are often far more severe than the penalty for the original issue they were trying to avoid.

The Diversion Option: Alabama’s Pretrial Diversion Programs (PTD)

In Alabama, a Pretrial Diversion Program (PTD) is a voluntary alternative to traditional prosecution offered by the Prosecutor’s Office. The goal of a PTD is to promote rehabilitation and conserve judicial resources by diverting certain offenders away from the standard court process.

Eligibility for Hit-and-Run Diversion

Whether a hit-and-run charge is eligible for diversion is determined on a case-by-case basis and heavily depends on the jurisdiction and the specifics of the crime. While PTD programs in various counties often include consideration for general traffic offenses and misdemeanors, there are critical exclusions:

Key PTD Eligibility Factors for Traffic Cases

Charge Level: Misdemeanor hit-and-run (property damage only) is more likely to be considered than a felony charge.
Victim Injury/Death: Cases involving serious injury or death to a person are almost universally ineligible for PTD.
Prior History: Applicants must generally have no prior felony convictions and may be denied based on prior DUI, drug, or other misdemeanor convictions.
Prosecutorial Discretion: Admission is ultimately at the sole discretion of the Prosecutor’s Office.

Common PTD Requirements and Process

If an applicant is deemed eligible, they must enter into a written agreement with the Prosecutor’s Office outlining the terms, length, and costs of the program.

Typical PTD Terms: An offender may be required to:

Provide a statement admitting participation in and responsibility for the offense.
Pay restitution to the victim for damages caused.
Perform community service and participate in counseling, drug/alcohol treatment, or other classes.
Pay supervision and program fees.
Agree to a deferred adjudication, which may involve pleading guilty but having the case placed on an administrative docket until completion.

The Benefits of Successful Completion

Successfully completing the PTD program offers life-changing benefits by providing a pathway to avoid a permanent criminal record and the severe consequences that accompany it.

Case Outcome: Dismissal and Expungement

Upon successful completion of the PTD agreement, the Prosecutor’s Office will notify the court, and the pending charges will typically be dismissed (or nolle prossed) with prejudice. This dismissal then opens the door to the possibility of expungement, a legal process in Alabama to remove the arrest and court records from public view, restoring civil rights and reducing future barriers to employment and housing.

Summary: Navigating Your Options

Dealing with a hit-and-run charge in Alabama requires immediate and informed legal action. The Pretrial Diversion Program offers a significant opportunity for first-time or non-violent offenders to mitigate the long-term impact of a conviction, but acceptance is never guaranteed.

Assess the Charge: Determine if the charge is a Class A Misdemeanor (property damage only) or a Class C Felony (injury/death), as this dictates PTD eligibility.
Confirm Local Eligibility: PTD rules vary by county and District Attorney; verify your local jurisdiction’s guidelines for traffic offenses.
Seek a Legal Expert: Acceptance is discretionary. A skilled Legal Expert can negotiate with the Prosecutor’s Office and navigate the application process to present the strongest case for your admission.

Card Summary: The PTD Lifeline

The Alabama Pretrial Diversion Program is a lifeline for qualified individuals, offering the opportunity to resolve a hit-and-run charge without a criminal conviction. Eligibility is strict, especially for felony-level offenses, emphasizing that prompt legal consultation is essential to leverage this opportunity.

Frequently Asked Questions (FAQ)

Q: Can I get a felony hit-and-run charge dismissed through PTD?: A: Most Alabama PTD programs exclude charges involving serious injury or death, which are classified as Class C felonies. While some programs may allow deferred adjudication for felonies, dismissal upon completion is less common for severe offenses, making these cases very challenging.
Q: How long does a Pretrial Diversion Program last?: A: The length of the program is determined by the written agreement, often lasting between six months to a year, but it varies based on the offense, the required conditions (like treatment), and the county.
Q: Do I have to admit guilt to enter a PTD program?: A: Yes, PTD agreements typically require the offender to provide a statement admitting responsibility for the offense and often require entering a plea of guilty, which is deferred or held in abeyance until completion of the program.
Q: Does being accepted into PTD guarantee expungement?: A: No. Successful completion leads to the *dismissal* of charges, which is a prerequisite for being *eligible* for expungement. Expungement is a separate legal process that must be formally petitioned to the court after the dismissal.
Q: Can I apply for PTD if I have a Commercial Driver’s License (CDL)?: A: No. Alabama Code specifically states that a CDL holder, or one operating a commercial motor vehicle, who is charged with a traffic law violation, is not eligible for a deferred prosecution or diversion program.

Disclaimer on AI-Generated Content

This blog post was generated by an AI assistant. The information provided is for educational and informational purposes only, and it is not a substitute for professional legal advice from a licensed Legal Expert. Laws and program requirements, especially for Pretrial Diversion, change frequently and vary significantly by county and jurisdiction in Alabama. Always consult with a qualified Legal Expert regarding your specific case and situation.

If you are facing a hit-and-run charge, whether a misdemeanor or a felony, the time to act is now. Consulting with an experienced Legal Expert is essential to understand your rights, assess your eligibility for a diversion program, and work toward minimizing the long-term impact on your life and record. Do not navigate the complexities of Alabama’s traffic laws alone.

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