Alabama Hit & Run: The Verdict Diversion Program

For drivers facing criminal allegations in Alabama, navigating the judicial system can be daunting. A common but serious traffic-related charge is “leaving the scene of an accident,” often referred to as a hit-and-run. While the penalties can be severe, certain programs exist that offer a potential path away from a criminal conviction. One such avenue is the Pretrial Diversion Program (PTD), a critical option for eligible individuals seeking a second chance.

This post explains the legal landscape of hit-and-run offenses in Alabama and details how a verdict diversion program might offer a significant alternative to a traditional trial and subsequent sentencing.

Understanding Alabama’s Hit-and-Run Law

Alabama law is clear regarding a driver’s duties after an accident. Under the Alabama Code (Title 32, Chapter 10), any driver involved in a collision resulting in property damage, injury, or death must immediately stop at the scene or as close as possible. Failure to do so constitutes the crime of hit-and-run.

The core responsibilities include:

• Stopping the vehicle immediately at or near the accident scene.
• Providing one’s name, address, and vehicle registration number to the other parties involved.
• Showing one’s driver’s license upon request.
• Rendering reasonable assistance, such as calling for medical help, if anyone is injured.

For unattended vehicles or fixed objects, a driver must leave a note containing the necessary contact information if the owner cannot be located immediately.

The Severity of Hit-and-Run Charges and Penalties

The penalties for a hit-and-run conviction in Alabama are directly tied to the outcome of the collision. This distinction is crucial for determining eligibility for any diversion program.

The Pretrial Diversion Program: An Alternative Path

The term “verdict diversion program” generally refers to Alabama’s Pretrial Diversion (PTD) Program. PTD is a formal, often county-level, initiative that allows eligible individuals to avoid criminal prosecution and a resulting conviction if they successfully complete a mandated course of treatment, counseling, or community service.

Eligibility and Application for Hit-and-Run Cases

PTD programs are discretionary and managed by the District Attorney’s office, who acts as the primary gatekeeper for admission.

To be considered, an applicant typically must:

• Complete a formal PTD application and pay a nonrefundable fee.
• Submit to a background check where victims and law enforcement may be contacted.
• Plead guilty to the charge, though adjudication is deferred. This plea can be used against the defendant if they fail the program.
• Agree to the terms of the PTD agreement, which may include writing a confession.

The Terms of Diversion and Successful Completion

The PTD program is not a simple fine; it is an intensive plan designed to address the behavior that led to the charge. Requirements are individualized but commonly include:

Successful completion of all terms results in the charges being dismissed, typically through a Motion to Nol Pros (to no longer prosecute) filed by the District Attorney’s office.

The Ultimate Benefit: Expungement

One of the most significant benefits of the PTD program is the path it opens to clearing one’s record. In Alabama, successful completion of a PTD program, which results in a dismissal of the charges, often makes the individual eligible to petition the court for expungement of their criminal record related to that arrest. An expungement can remove a major obstacle to employment, housing, and educational opportunities that a criminal conviction would create.

Summary of the Diversion Path

For those charged with a hit-and-run, the PTD program represents a critical opportunity for rehabilitation over conviction.

1. Determine Eligibility: Misdemeanor hit-and-run (property damage only) is most likely to qualify, usually for first-time offenders. Felony charges are typically excluded.
2. Apply and Plea: The defendant must apply to the District Attorney, pay the fee, and enter a deferred guilty plea.
3. Complete Program Requirements: Successfully fulfill all mandated requirements, including community service, counseling, and restitution, within the specified timeframe.
4. Achieve Dismissal: Upon completion, the charges are dismissed (Nol Pros), and a conviction is avoided.
5. Pursue Expungement: The dismissal of the charge due to PTD completion allows the individual to file for the expungement of the arrest record.

Frequently Asked Questions (FAQ)

Q: Is the Pretrial Diversion Program (PTD) available for all hit-and-run charges?

A: No. Eligibility is generally restricted to first-time offenders and those charged with less serious crimes, such as a Class A Misdemeanor hit-and-run (property damage only). Felony hit-and-run charges (involving injury or death) are typically not eligible.

Q: What happens if I fail to complete the PTD requirements?

A: Failure to complete the program requirements will result in termination from PTD. The case will be returned to the court, and the deferred guilty plea you entered will be adjudicated, leading to a criminal conviction and sentencing (including potential jail time or fines) for the original charge.

Q: Does participating in PTD guarantee expungement?

A: Successful completion of PTD results in the dismissal of charges, which makes you eligible to apply for expungement under Alabama law. Expungement is a separate legal process that must be petitioned to the court, but the case dismissal is the necessary first step.

Q: How long does the PTD program typically last?

A: The duration varies depending on the specific program and the nature of the requirements. Cases may be set for review around nine months from the date of the guilty plea, but completion can occur sooner, or the program may last longer depending on the terms.

Q: What is the cost of the PTD program in Alabama?

A: Costs include a non-refundable application fee ($100 in some counties) and program participation fees, which vary by jurisdiction and charge type. For traffic offenses, the fee may be up to $450, not including restitution, court costs, or costs for required counseling/treatment.

Disclaimer

AI-Generated Content & Legal Notice: This article is for informational purposes only and does not constitute legal advice, solicitation, or a substitute for professional consultation with a licensed Legal Expert in the State of Alabama. Specific laws, court procedures, and program eligibility (like PTD) are complex and vary significantly by jurisdiction (county/city). You should always consult with a qualified Legal Expert to discuss the specific facts of your case. All statutes and case information are cited to their general context and may be subject to change.

Alabama Hit and Run, Pretrial Diversion Program, Misdemeanor, Felony, Leaving the Scene, Expungement, Deferred Prosecution, Criminal Law, Traffic Offense, DUI, State Courts, Legal Procedures, Alabama Code, Criminal Cases, Driver Accountability, Legal Expert, Court Rules, Sentencing, Case Dismissal, Civil Liability