Alabama Traffic Violations

Suspended License Violations

This violation occurs when an individual drives while the state has temporarily revoked their driving privileges. There are several reasons why a license might be suspended:

• Accumulating too many points from violations
• Failing to pay traffic fines or neglecting to appear in court
• Being found guilty of driving under the influence (DUI) of alcohol or drugs
• Declining a chemical test when suspected of impaired driving

Per Alabama Code 32-6-19, anyone found guilty of driving with a suspended or revoked license faces strict penalties. These include a fine ranging from $100 to $500 and a possible jail sentence of up to 180 days, especially for repeat offenders. Additionally, the individual's license suspension or revocation period may be extended by up to six months.

Speeding Violations

In Alabama, speeding violations are divided into three main categories: absolute speed limits, presumed speed limits, and the basic speed law.

Absolute Speed Limits

Absolute speed limits are unambiguous. Driving faster than the posted speed limit is a violation, regardless of any other factors. For example, if the speed limit is 65 miles per hour (mph) and a driver is traveling at 80 mph, this constitutes an absolute speeding violation. These limits set a definitive maximum speed that drivers must not exceed.

Presumed Speed Limits

Presumed speed limits are more flexible and take into account the driving conditions. Although driving at the posted speed limit is generally acceptable, it might be considered unsafe in certain situations, such as during poor weather or in heavy traffic.

Basic Speed Law

The basic speed law in Alabama requires drivers to maintain a speed that is reasonable and prudent, given the current conditions.

This means that even if a driver is traveling below the posted speed limit, they can still be cited if their speed is deemed unsafe for the situation. Factors like traffic density, weather conditions, and road surface quality must be considered to determine a safe driving speed.

Penalties for speeding violations in Alabama can vary. Fines and points on the driver's license, ranging from two to five points, typically increase with the severity of the violation. Repeated offenses can lead to more severe consequences, such as the suspension of the driver's license.

Reckless Driving

Reckless driving is defined in the state as operating a vehicle with a clear disregard for safety. This includes dangerous behaviors such as speeding 20 mph or more over the limit, weaving through traffic, participating in illegal races, deliberately running red lights or stop signs, tailgating, and texting or using a phone in a hazardous manner.

The penalties for reckless driving are significant, as outlined in Alabama Code 32-5A-190. For a first offense, a driver may face fines ranging from $25 to $500, jail time from five to 90 days, and six points on their driver's license. For second or subsequent offenses within a 12-month period, fines increase from $50 to $500, and jail time can extend from 10 days to six months.

Repeat offenders may face a license suspension of up to six months, enforced by the Director of Public Safety. If reckless driving causes injury or death, the penalties can be even more severe.

DUI

Individuals may be charged with DUI if their blood alcohol content (BAC) is .08% or higher. They can also be charged if impaired by alcohol or drugs or if under 21 with a BAC of .02% or higher. When a person is arrested for DUI, they may face an administrative suspension of their driver's license if their BAC is .08% or above or if they refuse to take a chemical test.

Alabama's implied consent laws mandate that drivers submit to BAC testing if there is probable cause for impairment. The suspension begins 45 days after the arrest, although individuals have the right to appeal this decision.

Criminal penalties for DUI in Alabama are severe. For a first offense, penalties can include fines, mandatory alcohol education programs, and possible jail time. Repeat offenders encounter more stringent consequences, such as extended jail sentences, higher fines, and longer license suspensions.

Certain aggravating factors can increase penalties, including:

• Driving with a passenger under 14 years old
• Causing an accident that results in injuries

These factors may also lead to a longer period for installing an ignition interlock device, which prevents the vehicle from starting if alcohol is detected.

Hit-and-Run

According to Alabama Code 32-10-1, if a driver is involved in an accident that causes injury, death, or damage to another vehicle, they must stop immediately at the scene or as close as possible. The driver is then required to:

• Stay at the scene
• Exchange contact and vehicle information with others involved
• Provide reasonable aid to anyone injured
• Report the accident to law enforcement

If a driver fails to meet these obligations, they can face hit-and-run charges. Depending on the circumstances, these charges are classified as either a Class C felony or a Class A misdemeanor. Felony charges are more likely if the accident resulted in injuries.

Penalties for a Class C felony, under Alabama Code 13A-5-6, can include:

• Imprisonment from one year and one day up to ten years
• Fines up to $15,000

For a Class A misdemeanor, the penalties are:

• Up to one year in jail
• Fines up to $6,000

Distracted Driving

Per Alabama Code 32-5A-350, using a mobile phone while driving is prohibited. This includes sending, receiving, or reading text messages and emails.

Drivers under the age of 18 are not allowed to use any mobile phone while driving, even if it's hands-free. For those 18 and older, using a cell phone while driving is permitted as long as they are not texting.

Texting While Driving

The fines for texting while driving in the state are as follows:

• First offense: Fine of up to $25
• Second offense: Fine of up to $50
• Third and subsequent offenses: Fine of up to $75

Underage Mobile Phone Use

Minors caught using mobile phones while driving are also fined:

• First Offense: Fine of up to $150
• Subsequent Offenses: Fines may increase with additional violations

Alabama's distracted driving laws have some exceptions. Drivers can use wireless devices to contact emergency services and are allowed to pull over to the shoulder, park, and use their phones. Additionally, using a GPS device is permitted if it is preprogrammed with a destination before starting the trip.

Starting June 2024, Alabama will implement a Hands-Free law, allowing law enforcement to ticket drivers observed holding a cell phone. This new rule is a secondary offense, meaning drivers must be committing another traffic violation to be cited.

Driving Without Insurance

The state requires all drivers to have car insurance, which is monitored through the Alabama Online Insurance Verification System (OIVS). The OIVS is incorporated into the Motor Vehicle Title, Registration, and Insurance Portal. If caught without insurance, drivers face fines that depend on whether it's a first-time or repeat offense.

A first offense is a Class C misdemeanor, which can lead to fines, license suspension, and vehicle impoundment. Repeat offenses are Class B misdemeanors with harsher penalties, including fines up to $1,000, possible jail time of three to six months, and additional consequences like license suspension and vehicle impoundment.

Drivers must always carry proof of insurance. If they can't provide it during a traffic stop, they may need to file an SR-22 form showing ongoing coverage for up to three years.

To reinstate a suspended license, drivers typically need to show proof of current insurance, pay reinstatement fees, and possibly file an SR-22 form. Not having insurance can also lead to higher future premiums and challenges in obtaining coverage.

Moving Violations

In Alabama, common moving violations include:

• Running red lights or failing to stop at stop signs
• Incorrect lane changes or improper lane use
• Not yielding the right-of-way
• Tailgating

These infractions can lead to fines, the accumulation of points on the driver's license, and, in severe cases, license suspension or criminal charges.

Alamaba also has the Move Over Act, which requires drivers to take specific actions when approaching certain vehicles on the roadside. This law covers:

• Law enforcement or emergency vehicles with visible signals
• Wreckers displaying amber lights
• Utility service vehicles with flashing or rotating lights
• Vehicles engaged in official duties or trash collection with flashing lights

On highways or multi-lane roads, drivers must switch to the lane furthest from these vehicles if it's safe to do so. If moving over isn't feasible, drivers are required to reduce their speed to at least 15 mph below the posted speed limit.

Violations are treated as misdemeanors, with fines of $25 for the first offense, $50 for the second, and $100 for the third or any subsequent offenses.

Pay the Fine

The simplest option for handling a traffic ticket in Alabama is to pay the fine. Drivers should submit their payment by the deadline indicated on the ticket. This will add the violation to their driving record.

Although this method resolves the ticket promptly and avoids a court appearance, it also signifies an admission of guilt. Consequently, the violation will be recorded on the driver's record, which could result in points and potentially increased insurance rates.

Online Ticket Management

Drivers can pay their citations via AlaPay. To use this service, they need their UTC (Uniform Traffic Citation) number and can pay by ticket or case number. Note that a 4% service fee is applied for credit card payments through this platform.

Alternatively, fines can be paid without an additional fee by using cash or money orders in person at the courthouse or by mailing a money order.

Contest the Ticket

Drivers who believe they are innocent of the alleged violation can opt to contest the ticket by appearing in court to present their case before a judge.

Appearing in Court

To challenge a traffic ticket in Alabama, drivers must follow these steps:

• Request a Court Date: Contact the court to schedule a hearing. Drivers must visit the RESOLVE site and choose option H to enter a not-guilty plea and request a trial date.
• Prepare the Case: Drivers must collect any relevant evidence or documents to support their case.
• Attend the Court Hearing: Drivers should appear in court on the scheduled date to present the case before a judge.

Contesting a ticket can result in different outcomes. If the judge rules in favor of the driver, the ticket will be dismissed, and no points will be added to their driving record. However, if the driver is found guilty, they will need to pay the fine, and points will be added to their record.