Legal Ease by Shane Givens
Nov. 16, 2011

Will I lose my driver's license?


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I received this question from a reader recently: “Shane, I got a speeding ticket for traveling 27 mph over the speed limit in a 45 mph zone. I have had a few other speeding tickets in the past. Am I in danger of losing my driver's license?”

The Alabama Department of Public Safety (DPS) regulates all things related to drivers' licenses. In fact, the DPS often has more control over license suspensions and revocations than the court system. The DPS uses a point system to determine whether your license will be suspended because of traffic tickets. Over any two-year period, if a driver attains 12-14 points his license will be suspended for 60 days; 15-17 points results in a 90-day suspension; 18-20 points earns a 120-day suspension; 21-23 points earns 180 days; and 24 points or more results in a ­one-year suspension. After a traffic conviction is two years old, it loses its point count for suspension purposes but remains on the driver's record.

Speeding up to 25 mph over the posted limit, inability to control a vehicle, improper operation of a motorcycle, failure to signal properly, and other minor moving violations all cost two points on your driving record. Following another vehicle too closely, disregarding stop signs or other traffic control devises, and failure to obey construction or maintenance zone markers are violations that cost three points each. Speeding of 26 mph or more over the limit, failure to yield the right of way, and passing a stopped school bus are all result in five points. Reckless driving and obtaining any conviction which resulted from a charge that involved drinking and driving but did not require a mandatory driver license suspension or revocation both result in six points.

There are additional rules for those with Commercial Driver's Licenses (CDL). A CDL may be disqualified for any of the following “major offenses”: Being under influence of alcohol (blood alcohol level over .04) while driving a commercial motor vehicle (CMV); being under influence of a controlled substance while driving a CMV; refusing to take an alcohol test; leaving the scene of an accident; using a CMV to commit a felony; driving a CMV while the CDL is cancelled, suspended, revoked or disqualified; and/or causing a fatality through negligent operation of a CMV.

In addition to the above, if a CDL holder violates two of the following “serious offenses” while in a commercial motor vehicle (CMV) within three years, his CDL is suspended for 60 days. Three of the following offenses within three years results in a CDL suspension of 120 days. Among those “Serious offenses” are convictions for excessive speeding (15 mph over the posted limit); reckless driving; improper or erratic lane change; following too closely; and any violation in connection with a fatal accident.
More information on license suspensions can be found at www.dps.state.al.us.

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.