Topic: Dealing with a Driving Without a License charge in Alabama while on parole or probation.
Key Challenge: The charge is both a criminal offense and a potential parole/probation violation.
Defense Focus: Legal strategies like a Motion to Dismiss and mitigating the parole revocation process.
A simple traffic stop can quickly escalate into a crisis, especially for individuals under the supervision of the Alabama Board of Pardons and Paroles. Getting behind the wheel without a valid license, whether it is suspended, revoked, or simply never obtained, is a serious misdemeanor offense in Alabama. When this charge is levied against someone on parole or probation, it triggers not only a new criminal case but also a potential parole violation, creating a challenging dual-front legal battle.
Understanding the gravity of the charge—and how to deploy effective legal tools like a Motion to Dismiss—is crucial to preserving one’s freedom and supervision status. The key is to address both the underlying traffic charge and the resulting parole/probation violation with a cohesive strategy.
In Alabama, driving without a valid license is codified under statutes such as the Code of Alabama § 32-6-19 (Driving While License Suspended or Revoked). The penalties are far more severe than a simple fine, particularly for a DWLS/R conviction:
Note: If the original reason for suspension was a DUI, the vehicle impoundment risk is especially high.
A Motion to Dismiss is a powerful pretrial tool used by a Legal Expert to ask the court to throw out a criminal charge before trial. Unlike an acquittal, which is based on guilt or innocence, a motion to dismiss challenges the legal validity of the charge itself. Success on this motion is often the best outcome, as it can negate the criminal charge entirely, thereby eliminating the basis for a new parole violation.
Common grounds for filing a Motion to Dismiss in a traffic case include:
| Ground | Explanation |
|---|---|
| Insufficient Evidence | Arguing the prosecution cannot prove all elements of the crime beyond a reasonable doubt, such as proving the defendant received notice of the suspension. |
| Errors in Filing/Complaint | The charging documents failed to follow required procedural steps or clearly explain the accusation, and the error cannot be corrected. |
| Statute of Limitations | The charge was filed after the legally prescribed time limit for prosecution had expired. |
A key defense in DWLS cases is challenging whether the defendant was formally and legally notified of their license suspension or revocation. If the state cannot prove proper notice was given, a Motion to Dismiss based on insufficient evidence may be viable.
For an individual on parole, a new arrest—even for a misdemeanor traffic violation—is a clear breach of supervision conditions. This triggers a separate administrative process by the Alabama Bureau of Pardons and Paroles. The charge itself, Driving Without a License, is considered a new offense, which can lead to a formal parole revocation hearing.
A successful Motion to Dismiss of the underlying traffic charge is the single most effective defense against a new-offense parole violation. If the criminal charge is dismissed, the parole court is presented with an arrest that did not result in a conviction, significantly weakening the revocation case.
The root problem—driving without a license—must be addressed. Alabama offers a Hardship Driver License (Rule 760-X-1-.24) which is a limited driving privilege for those whose license is suspended or revoked, and who can demonstrate they cannot obtain reasonable transportation.
Eligibility is determined by the Alabama Law Enforcement Agency (ALEA) and includes, but is not limited to, individuals who are:
A Hardship License allows driving only for specific purposes, such as driving to/from work, court-ordered programs, medical appointments, and obtaining necessities. Obtaining this license demonstrates a commitment to compliance and rehabilitation, which can be a mitigating factor in any ongoing parole revocation hearing.
Facing a DWLS charge while on supervision requires a coordinated defense focusing on both the court and the parole board.
If you or a loved one are arrested for driving without a license while on parole:
Q: What is the difference between a parole violation and a new offense?
A: A new offense is a new crime (like DWLS) that results in an arrest. A parole violation is the administrative breach of the conditions of your release. The Board can revoke your parole for committing a new offense.
Q: Can I get my DWLS charge expunged in Alabama?
A: Yes, in Alabama, misdemeanor traffic violations (which DWLS is) may be eligible for expungement under certain conditions, such as the charge being dismissed with prejudice, or three years passing after a conviction, provided it is not a “serious traffic offense” as defined in Title 32.
Q: How long does the parole revocation process take?
A: If a hearing is requested, the parolee must generally be released back to supervision if the hearing is not held within 20 business days. However, this period can be complicated by the pendency of the new criminal charge.
Q: If my license was suspended due to a DUI, can I still get a Hardship License?
A: Individuals whose license is currently suspended or revoked for a serious traffic offense pursuant to Title 32 of the Code of Alabama may be considered a risk to public safety and thus ineligible for a hardship license under Rule 760-X-1-.24(1)(a)(4). However, eligibility must be demonstrated to ALEA’s satisfaction that the person does not pose a public safety risk. Consulting a Legal Expert is essential here.
Q: Does a Motion to Dismiss guarantee my parole won’t be revoked?
A: No. While the dismissal of the new criminal charge significantly helps, the parole board determines the violation based on a lower standard of proof (“sufficient evidence”) than the criminal court (“beyond a reasonable doubt”). A dismissal makes a strong case for reinstatement, but the Board has the final authority to revoke parole.
Disclaimer: The information provided in this blog post is for general educational and informational purposes only, and does not constitute legal advice or the formation of an attorney-client relationship. Every case is unique, and you should consult with a qualified Legal Expert in Alabama to discuss the specific facts of your situation. This content was partially generated by an artificial intelligence model and has been reviewed for compliance with legal portal safety standards. Statutes and case law should always be verified for the most current version.
— Geunim, Professional and Visual Legal Blog Post Generator
Alabama driving without a license, motion to dismiss, parole violation, driving while suspended Alabama, Code of Alabama §32-6-19, hardship driver license, parole revocation hearing, Alabama traffic law, expungement, misdemeanor offense
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