The Kreps Law Firm, LLC team focuses on defense against Alabama DUI and traffic charges. Learn more about who we are and what we do by reading read some of our case results and clients’ testimonials, and then send us an e-mail briefly describing your case. We promptly will arrange for an evaluation of your case at no charge.Recently, the point system related to Alabama traffic and DUI violations has been amended. Please contact our office as soon as possible if you have been charged with a violation and we will discuss your case with you and can help you through the process. Call us TODAY at (866) 348-2889.
From the website of the Alabama Department of Public Safety:
Driver License Point System
Points are assessed for various violations as follows (Effective May 1, 2009):
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• 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
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• Reckless driving or reckless endangerment involving operating a motor vehicle - 6 points
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• Failure to yield right-of-way - 5 points
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• Passing stopped school bus - 5 points
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• Wrong side of road/illegal passing - 4 points
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• Following too closely - 3 points
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• Disregarding traffic control device (stop sign, traffic light, etc.) - 3 points
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• All other moving violations - 2 points
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• Inability to control vehicle - 2 points
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• Improper lane - 2 points
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• Speeding (1 to 25 mph over speed limit) - 2 points
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• Speeding (26 or more mph over speed limit) - 5 points
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• Drinking alcohol while operating a vehicle - 2 points
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• Admin per se - 6 points
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• Improper operation of motorcycle - 2 points
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• Fail to obey construction/maintenance zone markers/flagman/police officer/restricted lane - 3 points
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• Emergency vehicles - 2 points
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• Fail to signal/use incorrect turn signal - 2 points
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• Making improper turn - 2 points
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• Coasting - 2 points
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• Unsafe operation - 2 points
The following schedule is used to determine the length of a suspension period:-
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• 12-14 points in a 2-year period 60 days
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• 15-17 points in a 2-year period 90 days
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• 18-20 points in a 2-year period 120 days
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• 21-23 points in a 2-year period 180 days
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• 24 and above points in a 2-year period 365 days
FROM THE ALABAMA ADMINISTRATIVE CODE:
760-X-1-. 07 Suspension and Revocation of Driver License Under The Point System.
(1) Code of Ala. 1975, as amended, § 32-5A-195, 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 : manslaughter resulting from the operation of a motor vehicle; driving a motor vehicle by a person who is habitual user of narcotic drugs, or while intoxicated, any felony in the commission of which a motor vehicle is used; failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another; 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) also provides that the Director shall revoke the driver license of persons convicted of leaving the scene of an accident under this section, §32-5A-195 further provides that the Director of Public Safety of the state of Alabama is authorized to suspend the driver license of a driver who is 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 drivers’ licenses on either or both of the grounds listed in §32-5A-195, the following classifications of point values shall be assessed for the following enumerated offenses against each driver, whether 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 lane violation……………....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) Improper operating of motorcycle………2 points
(p) Fail to obey construction/maintenance zone marker/flag man /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 driver license, the driver may request a pre-suspension or administrative hearing in the county of his residence before an agent of the Director of Public Safety. If a pre-suspension hearing is requested within ten (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 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 thirty (30) days within which he may appeal to the circuit court of the county of his 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) Upon completion of the period of suspension given by the Director, the point value of the reports upon which said suspension was based shall not be considered for subsequent suspension purposes, provided that if upon an administrative hearing the period of suspension be mitigated, the points shall remain effective during any period or probation which may be imposed.
(7) If a license changes his name or address, he shall notify the Department of Public Safety, Driver License Division, within thirty (30) days.
Kreps Law Firm, LLC is an experienced Alabama DUI, reckless driving and traffic defense firm that handles DUI and traffic violations cases (including reckless driving, speeding and DUI) statewide and in Alabama. Kreps Law Firm LLC can advise the best course of action, both for Alabama residents and out of state drivers who receive a citation on Alabama roadways.
To speak with the Alabama DUI, Reckless Driving and Traffic Ticket Attorneys at Kreps Law Firm, LLC call us at (866) 348-2889 or email at DUI@WinWithKreps.com or traffic@WinWithKreps.com or visit our websites at www.Alabama-DUI-Defense.com , www.AlabamaRecklessDrivingAttorney.com or www.AlabamaSpeedingTicket.com or www.AlabamaTrafficTicketAttorney.com .
