Legal Ease by Shane Givens
Feb. 1, 201
2

Teenage driving in Alabama, Part II


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Violations of any of Alabama's graduated driver license law restrictions for teenagers result in the penalty period being extended by six months or until the licensee reaches age 18. Violations of the restrictions mentioned last week in Part I (available to read online at www.postpaper.com in the news archive section) are considered traffic violations, but licensees are not subjected to criminal penalties or court costs. No citations are issued unless the licensee is stopped for a separate violation and issued a citation or warrant for the separate violation. No points are assessed for such a violation.

If a licensee is convicted of a second moving traffic violation or is convicted of failure to give information, render aid, racing, fleeing or attempting to elude a law enforcement officer, reckless driving, illegal passing, driving on the wrong side of the road or any other offense where four or more points are assessed, his or her license will automatically be suspended for 60 days.

Additionally, any child age 12 or older is subject to a “disciplinary point system” that may restrict a teen's ability to obtain a driver license. Under the law, each student over the age of 12 who is enrolled in a public or private secondary school is subjected to a disciplinary point system to determine the age at which the student shall be allowed to apply for a license. Each point adds one week to the age at which the student is eligible to apply (including a learner's permit).

Under this system, one day of in-school suspension is 1 point, one day out-of-school suspension is 2 points, alternative school placement is 6 points, and expulsion is 20 points. The points accumulate on a yearly basis, beginning with the school year in which the student turns 13, and accumulate each year until the student is eligible to apply for a driver license or learner's permit. However, the maximum penalty is limited to a year from the date the student initially applies for a driver license or learner's permit.

Points may not accrue for the first three days of in-school suspension in any school year; however, beginning with the fourth day of suspension, all days, including the first three, shall be counted in determining points. Points may not accrue for an initial out-of-school suspension of two days or less in any school year; however, the days of the initial suspension shall be used to determine the points after a second out-of-school suspension if the initial suspension exceeds two days. Finally, any accumulated points shall be reduced by one-half if the student has not received additional accumulated points for an entire school year. If no additional points are received for two years, all records of the accumulated points are removed from the student's school records.

This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. 

Please e-mail questions for future columns to
givenslaw@tds.net.