, as amended, provides that the
Director of Public Safety shall forthwith revoke the license of any driver upon
receipt of such driver's record of any of the following offenses when such
conviction has become final:
(d) perjury, or the making of a false
affidavit or statement under oath to the Director of Public Safety under this
article, or under any other law relating to the ownership or operation of motor
vehicles.
Section
32-10-1(b),
Code of Ala. 1975, as amended, also provides that the
Director shall revoke the driver license of persons convicted of leaving the
scene of an accident under this section. Section
32-5A-195,
Code of Ala. 1975, as amended, further provides that
the Director of Public Safety of the State of Alabama is authorized to suspend
the driver license of a driver whom he/she determines to be:
(1) a habitually reckless or negligent driver
of a motor vehicle, or (2) is a habitual violator of the traffic laws.
However, there is no clear, uniform basis upon which the
Director may act in finding that the driver license of a person should be
suspended on either or both of the above grounds.
Therefore, in order to establish a uniform system of suspending
a driver license on either or both of the grounds listed in Section
32-5A-195,
the following classifications of point values shall be assessed for the
following enumerated offenses against each driver, occurring within or without
the State of Alabama:
(a) Any
conviction which resulted from a charge that involved the drinking of alcoholic
beverages and the driving of a motor vehicle but did not require mandatory
revocation of the driver license..........................................6
points
(b) Reckless driving or
reckless endangerment involving operating a motor vehicle.....................6
points
(c) Failure to yield right
of way............5 points
(d)
passing stopped school bus...............5 points
(e) wrong side of road/illegal
passing.......4 points
(f)
following too closely....................3 points
(g) disregarding traffic control
devices.....3 points
(h) all other
moving violations..............2 points
(i) inability to control vehicle.............2 points
(j) improper operation of motorcycle........
2 points
(k) Speeding violation to
include 1-25 mph over speed limit....................................... 2
points
(l) Speeding 26 or more over
speed limit.... 5 points
(m)
Drinking alcohol while operating a
vehicle................................................ 2 points
(n) Admin per se............................
6 points
(o) Fail to obey
construction/maintenance zone markers/flagman/police officer/restricted
lane......... 3 points
(q)
Emergency vehicles violation............ 2 points
(r) Fail to signal/use incorrect turn signal
2 points
(s) Making improper
turn.................... 2 points
(t) Coasting................................ 2 points
(u) Unsafe operation........................
2 points
(2) The
Director shall suspend a driver license in accordance with the following
schedule, provided, however, that the Director may modify or alter the
suspension period as set out below, if upon the completion of the
administrative hearing, the findings warrant a different suspension period:
(a) 12-14 points in a 2-year
period...........60 days
(b) 15-17
points in a 2-year period...........90 days
(c) 18-20 points in a 2-year period..........120 days
(d) 21-23 points in a 2-year
period..........180 days
(e) 24 and
above Points in a 2-year period...365 days
(3) Upon receipt of notice of the suspension
of his/her driver license, the driver may request a pre-suspension or
administrative hearing in the county of his/her residence before an agent of
the Director of Public Safety. If a driver requests a pre-suspension hearing
within 10 days of the date of the notice, suspension is deferred until date of
hearing. The result of this hearing will be forwarded to the Director of the
Department of Public Safety who shall either affirm, rescind, or reduce the
period stated in said order of suspension or good cause appearing therefore,
may extend the period of suspension of such license.
(4) Upon notification of the results of the
administrative hearing, the driver, if dissatisfied with the results of said
hearing, has 30 days within which he/she may appeal to the circuit court of the
county of his/her residence.
(5)
Reports of traffic convictions shall retain their point value for suspension
purposes for a period of two years from the date of conviction.
(6) If upon an administrative hearing the
period of suspension is mitigated, the points shall remain effective during any
period or probation which may be imposed.
(7) If a licensee changes his/her name or
address, he/she shall notify the Department of Public Safety, Driver License
Division, within 30 days.
