Alabama Traffic FAQs
Below, a defense attorney answers some of the most common questions regarding traffic offenses and moving violations in Alabama. To discuss your case, or to begin building a defense call today.
What are the most common traffic tickets issued in Alabama?
Answer: In Alabama, some of the most common traffic violations include speeding, improper lane usage, following too close, running stop signs, running red lights, and reckless driving.
What are common penalties for traffic violations in Alabama?
Answer: In Alabama, penalties for traffic violations can vary. They can include both those that the court can hand out as well as collateral consequences. The court may, in most cases, impose a fine of up to $500 and/or up to 180 days in the jail; as well, court costs of an additional amount of approximately $180 will be taxed. The court may require community service, driving school, and/or the suspension of your driver’s license. Convictions for traffic tickets can go on the defendant’s driver history, and this in turn will cause insurance rates to raise and job opportunities to be in jeopardy. Convictions also assess points against a defendant’s license, and too many points will cause a driver’s license suspension.
How do you handle a speeding ticket case?
Answer: Like any type of case, we must first evaluate it to determine what is the best course of action for the client. Knowing the client’s driver history, location of the ticket, and facts of the case are all important factors to consider. From the evaluation, once hired, the lawyers of Polson and Polson will begin negotiating with the particular prosecutor through the court in which the ticket is in. Many times, we are able to reach an agreement for dismissal without the client having to appear in court. If unable to reach an agreement, we may have the case set for trial in order to litigate.
Should I fight my speeding ticket?
Answer: In Alabama, if you are charged with a speeding ticket, you should absolutely fight the charge. A conviction for speeding could impact your insurance rates, job opportunities, and the status of your license, not to mention the fines and court costs. There are too many ways to contest a speeding ticket not to try and keep it off your record. The lawyers of Polson and Polson are here to help you fight your speeding ticket.
What are some common defenses for traffic tickets/violations?
Answer: In Alabama, as with any criminal offense, a defendant is presumed innocent of the charged offense, and the burden is exclusively on the government to prove the case. There are several ways to defend against traffic tickets in Alabama. Pleading and jurisdictional matters need to be considered, as well as witness issues and evidentiary documentation issues, just to name a few.
Are there any defenses for driving on a suspended license?
Answer: If you’re charged with driving on a suspended license in the state of Alabama, it is very important to contest the charge. The lawyers of Polson and Polson routinely help clients avoid being convicted of driving while suspended. You want to avoid the revolving door of driving suspended, being caught, pleading guilty, and the date of reinstatement continually being extended by 180 days for each conviction. There are ways to break this cycle and restore your driver’s license. The lawyers of Polson and Polson are here to help with this process.
What is the difference between a license being revoked and suspended in Alabama?
Answer: When the state of Alabama either suspends or revokes your driver’s license, you are unable to legally drive. The distinction between a suspended and a revoked driver’s license is the reinstatement requirements. For a driver’s license suspension, once the time of suspension has elapsed, typically the only reinstatement requirement is the payment of a reinstatement fee. Depending on the reason for the suspension, the reinstatement fee may range from $100 to $325. For a driver’s license revocation in Alabama, once the revocation time has elapsed, reinstatement may require several tasks, such as the payment of the reinstatement fee, proof of SR-22 insurance, installation of an ignition interlock, what’s called an I and I hearing, or retaking of the road test.
What is vehicular homicide? What are the penalties for vehicular homicide in Alabama?
Answer: In Alabama, if someone causes the death of another person as the result of the operation of a motor vehicle or vessel, they can be held criminally liable for criminally negligent homicide, manslaughter or murder. Various factors and principles of criminal law are used to determine which level of criminal liability is charged. Without aggravating circumstances, a death caused by the operation of a motor vehicle or vessel while under the influence is charged as criminally negligent homicide, which is a Class C felony. In Alabama if you’re convicted of criminally negligent homicide, you face a minimum one year and one day sentence up to a 10-year sentence in the state penitentiary, and up to a $15,000 fine.