This post demystifies the interconnected legal landscape of Driving Without a License (DWOL) offenses in Alabama, outlining the potential penalties, the specifics of the jury selection process for a misdemeanor trial, and the ultimate criteria for parole consideration should incarceration be imposed.
Navigating the criminal justice system after being cited for a serious traffic offense in Alabama, such as Driving Without a License, can feel overwhelming. The law distinguishes between simply failing to possess a license and driving after that privilege has been suspended or revoked. Understanding the potential court processes, including jury selection, and the possibility of parole is essential for anyone facing these charges.
Alabama law recognizes different levels of the unlicensed driving offense, which drastically impacts the potential penalties under Title 32 of the Code of Alabama.
If a person has a valid license but simply fails to produce it upon demand, they face a fine of $100. This charge is often dismissible if the driver produces the valid license in court or at the police station.
A first-time conviction for a person who has never obtained a license is typically a misdemeanor, punishable by a fine of $10 to $100, plus a mandatory $50 traffic fund penalty.
The most serious offense is Driving While Suspended, Restricted, or Revoked (DWSR) (Ala. Code § 32-6-19). This violation carries significant penalties, including:
While many misdemeanor cases are resolved through plea bargains or bench trials, a defendant has the constitutional right to a jury trial. The process of selecting an impartial jury is known as *voir dire* (French for “to speak the truth”).
Potential jurors are randomly selected from records like voter registration lists and driver’s license records. During *voir dire*, both the prosecution and defense question jurors to identify and remove any biases.
| Trial Type | Jury Size | Peremptory Challenges (Per Side) |
|---|---|---|
| Felony | 12 members | 9 challenges |
| Misdemeanor (e.g., DWSR) | 6 members | Typically 3 challenges |
If a conviction for DWSR or another criminal offense results in a period of incarceration in a state facility, the inmate becomes subject to the parole process governed by the Alabama Bureau of Pardons and Paroles (ABPP).
The decision to grant parole is discretionary and not a right. The ABPP considers established guidelines, focusing on public safety and the inmate’s readiness for reentry. Criteria include:
Eligibility is generally calculated according to Ala. Code § 15-22-28(e), and inmates are often considered after serving one-third of their sentence or 10 years, whichever is less (with exceptions for violent or severe felonies).
The judicial process for even seemingly minor traffic offenses like DWOL, especially when upgraded to DWSR, is structured and complex. Consulting with a Legal Expert is always the best path forward to understand your specific situation.
A conviction for DWSR can lead to 180 days of jail time and vehicle impoundment. If facing incarceration, your path to release depends on meeting the ABPP’s stringent risk and needs assessment criteria, which prioritize public safety and rehabilitation.
No, unlike a simple “failure to display” charge, a DWSR charge is for driving *while* the privilege was cancelled, suspended, or revoked. Getting your license back afterward does not automatically dismiss the criminal charge.
Jury selection (*voir dire*) can take several hours to a full day, depending on the complexity of the case and the number of potential jurors questioned by the judge and attorneys.
The parole board considers the severity of all underlying offenses. While a misdemeanor sentence is shorter, prior convictions and institutional behavior related to any offense are factors in determining fitness for parole release.
The vehicle owner can retrieve the impounded vehicle after all reasonable towing and storage costs are paid. However, the towing company holds a lien on the vehicle until fees are settled.
No. Potential jurors are selected randomly from both voter registration lists and motor vehicle administration records (driver’s license and state ID databases) to create a diverse pool.
AI Generation Notice: This content was generated by an AI assistant. The information provided is for general knowledge and informational purposes only, and does not constitute legal advice. While efforts have been made to cite current Alabama statutes (such as Ala. Code § 32-6-18, § 32-6-19, and § 15-22-26), laws change frequently. You must consult with a qualified local Legal Expert to discuss the specifics of your individual case, as your rights and responsibilities can vary based on the facts and jurisdiction.
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Driving without a license Alabama, Driving while suspended Alabama, Alabama misdemeanor penalties, Alabama jury selection process, Alabama parole eligibility, Criminal, Jury, Statutes & Codes, Case Law, Legal Procedures, DUI, Traffic Safety, Vehicle Impoundment, Driver’s License Revocation, Parole Board, Voir Dire, Misdemeanor Trial
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