If you’ve been cited for driving without a valid license, or driving while suspended or revoked, in Alabama, understanding the process is critical. The consequences are severe, potentially involving fines, jail time, and an extended driver’s license suspension. This post details the “change of plea” options available and how a conviction impacts your driving privileges through the Alabama Law Enforcement Agency (ALEA).
Facing a traffic citation for driving without a license in Alabama can feel overwhelming. Many drivers are unsure whether to pay the ticket, plead not guilty, or utilize the state’s online resolution system. The choice you make regarding your plea is crucial, as a conviction can trigger an administrative process by the state that may lead to the suspension or revocation of your driving privilege, even if you eventually get your license back.
In Alabama, the law recognizes different levels of offenses related to your driver’s license status. Understanding which charge you face is the first step in formulating a defense or resolution strategy.
If you have a valid driver’s license but simply did not have the physical card with you when stopped, a magistrate or judge may be able to dismiss the citation.
Tip for Dismissal:
If cited for “no license in possession,” you may have the option to show proof of your valid license (from the time of the stop) to the court before your court date to potentially have the citation dismissed, sometimes for just court costs.
This is the more serious charge, applicable when your license has expired, been suspended, or you have never been issued one. A conviction for this violation is generally classified as a misdemeanor. The penalties can include a fine of not less than $10 and up to $100 (plus a mandatory $50 penalty).
Under Alabama Code § 32-6-19, operating a vehicle while your license is suspended, revoked, or restricted carries harsher penalties. For a first offense, a driver can face a fine between $100 and $500, a mandatory additional $50 penalty, and a jail sentence of up to 180 days. Furthermore, the law requires the immediate towing and impoundment of the vehicle, and the Director of Public Safety (ALEA) may choose to revoke the license for an additional six months.
When you receive a traffic ticket in Alabama, you have several options to address the charge, which constitutes your initial plea or resolution attempt:
| Option | Plea Outcome | Key Implication |
|---|---|---|
| Pay the Citation Online/At Window | Guilty | Waives all rights, conviction is final, and may assess penalty points leading to ALEA suspension. |
| Plead Not Guilty | Not Guilty | Sets the case for a trial date where you will meet with the prosecutor and/or judge. |
| Use OTR System | Varies | Allows for uploading proof (e.g., valid license), requesting driving school, or formally pleading not guilty online. |
In Alabama, your first mandatory court date is typically an arraignment, which is your chance to enter a formal plea of guilty or not guilty. It is important to note that Alabama does not recognize the plea of nolo contendre (no contest). If you decide to plead guilty, either by signing a form or paying the ticket, you waive significant constitutional rights, including the right to an attorney or a trial.
A driver, ‘Mr. P,’ was cited for driving without a valid license. He chose to simply pay the fine online, believing this closed the case. However, the conviction automatically assessed penalty points against his driving record. Because he had previous minor violations, these new points pushed him over the threshold, leading the ALEA to issue a mandatory 60-day license suspension, requiring him to pay a $100 reinstatement fee upon completion of the suspension period. Had he consulted a Legal Expert, he might have found an option to plead to a lesser, non-point violation.
It is a common misconception that the municipal or district court is the entity that suspends a driver’s license for a traffic violation. In Alabama, courts have a ministerial role—they forward the record of conviction to the Alabama Law Enforcement Agency (ALEA), which then administers the suspension or revocation.
Your license is not automatically reinstated. Once all court requirements (fines, community service) are met, the court clerk issues a clearance letter. This letter must then be submitted to ALEA, and the appropriate reinstatement fee must be paid.
Alabama law does not authorize ALEA to issue a temporary or “hardship” driver’s license for a DUI conviction or for persons whose license is suspended/revoked for serious traffic offenses. Hardship licenses are only available under specific, limited circumstances, such as being released from corrections custody or participating in a community corrections program, not for standard traffic suspensions.
Navigating the legal landscape of unlicensed driving in Alabama requires careful attention to your plea and the resulting administrative actions. Remember these key points:
If you have received a citation in Alabama, especially for a serious offense, it is highly advisable to seek counsel from a knowledgeable Legal Expert before deciding on a plea. Their guidance can help you navigate the process to potentially avoid or minimize a license suspension and the subsequent reinstatement hurdles.
The arraignment is your first court appearance where you enter a plea (Guilty or Not Guilty). If you plead Not Guilty, your case will be set for a trial date, which is when you will have the opportunity to speak with the prosecutor about your case and present your defense.
Yes, if you had a valid license at the time of the stop. You can often use the On-Line Traffic Resolution (OTR) system or appear in court to upload or present proof of your valid license, which may result in a dismissal or payment of only court costs.
The fee depends on the reason for the suspension. For non-alcohol/drug related cancellations or suspensions, the fee is generally $100. If the revocation was related to a drug or alcohol offense, the fee is $275.
Failure to appear (FTA) or failure to resolve a ticket can result in serious consequences, including the suspension of your driver’s license by ALEA, the assessment of a late fee, and potentially a warrant being issued for your arrest.
The Alabama OTR system offers the option to request permission to attend defensive driving school (DDS) for some offenses. If the court approves this, successfully completing DDS and paying court costs can lead to the ticket being dismissed.
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Disclaimer: This content is for informational purposes only and is not legal advice. Laws change frequently and vary by jurisdiction. You should consult with an Alabama-licensed Legal Expert regarding your individual situation. This article was generated by an AI assistant to provide generalized legal-related information.
Alabama Driving Without License, Driver’s License Suspension Alabama, Change of Plea Traffic Court, Alabama Traffic Citation, Driving While Suspended Alabama, Misdemeanor Traffic Offense Alabama, Alabama Law Enforcement Agency (ALEA), Driver’s License Reinstatement Fee, Alabama Uniform Judicial System, Plead Guilty Waiver of Rights, Alabama Hardship License, Traffic Ticket Resolution, Alabama Code § 32-6-19, Alabama Code § 32-5A-195, Court Appearance Traffic Ticket
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