Navigating Alabama’s Unlicensed Driving Penalties & Pleas

In Alabama, operating a motor vehicle on public roadways requires a valid driver’s license. When a person is cited for driving without this essential documentation, the resulting legal complexity depends heavily on their licensing status at the time of the stop. This article will dissect the two primary offenses, explain the court procedures, and detail how experienced defense strategies, including plea negotiations, can influence the outcome, particularly in relation to jail sentences and parole status.

The Critical Difference: No License vs. Suspended License

Alabama law distinguishes sharply between someone who has simply failed to obtain a license and someone who is driving despite having their license previously restricted or taken away. This distinction is the difference between a minor traffic offense and a serious criminal misdemeanor.

1. Driving Without a License (Ala. Code § 32-6-18)

This charge generally applies to a person who has never been issued a driver’s license or whose license has expired. For a first-time conviction under Alabama Code § 32-6-18, the offense is a misdemeanor and carries a mandatory fine of not less than ten dollars ($10) and not more than one hundred dollars ($100). An additional fifty dollar ($50) penalty is also imposed for the Traffic Safety Trust Fund.

In many municipal or district courts, if the defendant secures a valid license before their court date and provides proof, the charge may be eligible for dismissal or reduction, often through the online traffic resolution system. This resolution typically involves paying court costs but avoiding a conviction on the driving record.

2. Driving While Suspended, Revoked, or Cancelled (DWLS/R) (Ala. Code § 32-6-19)

This is the more serious charge and carries significantly harsher penalties. It applies if a driver’s license or driving privilege has been canceled, denied, suspended, or revoked.

Penalties for a first conviction of DWLS/R under Alabama Code § 32-6-19 are severe:

• Fine: Between $100 and $500, plus the mandatory $50 traffic fund penalty.
• Jail Time: The driver may be sentenced to up to 180 days (six months) in a county jail.
• License Extension: At the discretion of the Director of Public Safety, the license may be revoked for an additional six months.
• Vehicle Impoundment: The vehicle being driven, regardless of ownership, is subject to immediate impoundment by law enforcement. The owner must pay all towing and storage fees to retrieve the vehicle.

Plea Bargain Strategy in Traffic Misdemeanors

In Alabama’s municipal, district, and circuit courts, a plea bargain, or plea deal, is a foundational part of criminal and quasi-criminal procedure. This is an agreement where the defendant agrees to plead guilty to a criminal charge in exchange for a concession from the prosecution.

The Mechanism of Plea Negotiation

For a charge like DWLS/R, a plea negotiation aims to mitigate the most severe penalties, specifically jail time and an extended license suspension. The primary concessions sought by a defendant’s legal expert may include:

1. Charge Reduction: Negotiating the DWLS/R charge down to a less severe offense, such as a simple “Failure to Display License” (which may be eligible for dismissal with proof of reinstatement), or, more rarely, to an equipment violation.
2. Sentence Mitigation: If pleading guilty to the DWLS/R charge, negotiating for a sentence that involves probation, community service, or enrollment in a defensive driving or court-ordered program instead of the maximum 180 days of confinement. This is a common strategy to avoid mandatory minimums or maximums imposed by statute.
3. Diversion Program Eligibility: For first-time offenders or those with minor records, the court may offer a diversion program. Successful completion of these programs (often requiring payment of costs and classes) can lead to the dismissal of the charge (a “Nol Pros” or “Nolle Prosequi”) or allow the defendant to keep a clean driving record.

A key factor in the plea bargaining process is the defendant’s history, the reason for the original suspension, and the quality of the evidence against them. Having a professional Legal Expert is highly recommended, as they can scrutinize the evidence, such as the validity of the traffic stop or the notification of the original suspension, to gain leverage in negotiations.

Parole and the Unlicensed Driving Conviction

For most individuals, a traffic misdemeanor conviction, even one for DWLS/R, does not inherently involve “parole” since the maximum jail sentence (180 days) is served in a local county jail, not a state prison, which is the prerequisite for state parole eligibility. However, the connection between a new conviction and parole becomes critically important when the defendant is already on state parole for a prior felony or other serious offense.

DWLS/R as a Parole Violation

If a person on parole is convicted of DWLS/R, that conviction constitutes a “new offense” and is a violation of the parole conditions. In this scenario, the conviction triggers the parole revocation process under Alabama Code § 15-22-32.

A parole violation hearing (a “Parole Court”) will be held to determine if sufficient evidence supports the violation.

Mitigating the Parole Risk

For a parolee, the most effective defense strategy for the DWLS/R charge is to avoid a conviction entirely through a favorable plea bargain. If the legal expert can negotiate a plea to a non-criminal traffic infraction or secure entry into a diversion program that leads to a full dismissal (Nol Pros) of the misdemeanor charge, the conviction for a “new offense” that triggers mandatory parole revocation may be averted. The distinction between a conviction (a guilty plea or finding) and an administrative resolution is paramount in a parole context.

In addition to or in lieu of revocation, for less serious violations (technical violations), a parole officer may impose administrative sanctions, such as mandatory behavior treatment, substance abuse treatment, GPS monitoring, or a short period of confinement in the county jail (not exceeding six days per month during any three separate months). However, a new conviction is usually treated as a serious violation.

Reinstatement and the Hardship License

The entire goal of the court process, whether through trial or plea bargain, is to move toward license reinstatement. A license is not automatically reinstated once a suspension or revocation period has passed; a reinstatement fee is typically required before the license becomes valid again.

The Hardship Driver License

In Alabama, a person with a suspended or revoked license may be eligible for a Hardship Driver License, which grants limited driving privileges. This license is intended for essential transportation needs, including:

• Driving to and from a place of employment or job interviews.
• Driving to or from a sanctioned educational institution.
• Driving to or from any court-ordered program, treatment, or community service.
• Driving to and from a scheduled medical or mental health treatment appointment.

Eligibility often requires the individual to be participating in a Community Corrections Program, a work release program, or simply being unable to obtain reasonable transportation. Applying for and securing this limited license can alleviate the crippling impact a suspension has on daily life.

Summary of Key Actions

If you or someone you know is facing a charge of driving without a license or, more critically, Driving While Suspended/Revoked in Alabama, here are the essential steps to consider:

1. Identify the Charge: Determine if the citation is for simple “No License” (§ 32-6-18) or the more severe “Suspended/Revoked” (§ 32-6-19). The potential for jail time hinges on this distinction.
2. Seek Legal Expert Counsel: Immediately consult a criminal defense Legal Expert, especially if the charge is DWLS/R or if you are currently on probation or parole. Their expertise is vital for navigating plea negotiations and avoiding criminal conviction or parole revocation.
3. Explore Plea Bargains: Work with your Legal Expert to negotiate a plea deal that reduces the charge, avoids jail time, or places you into a traffic diversion program, thereby minimizing long-term criminal record consequences.
4. Address Reinstatement: Simultaneously begin the process of addressing the underlying reason for the suspension or revocation and paying all required fees for reinstatement to the Alabama Law Enforcement Agency (ALEA).

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Frequently Asked Questions (FAQ)

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