HB487 Alabama 2012 Session

Summary

Primary Sponsor

Joe Hubbard

Democrat

Session

Regular Session 2012

Title

Driver's licenses suspension, Director of Public Safety to suspend driver's license of a driver who violates right-of-way provisions of Sec. 32-5A-112, and the violation causes death of or serious bodily injury to any person, Sec. 32-5A-195 am'd

Summary

HB487 would let Alabama's Director of Public Safety suspend a driver's license without a preliminary hearing if the driver violates right-of-way rules and the violation causes death or serious injury.

What This Bill Does

The bill adds a new ground for summary license suspension when a driver violates the right-of-way provisions (32-5A-112) and the incident results in death or serious bodily injury. Suspensions can be made without a preliminary hearing based on DPS records or other strong evidence. The licensee can request a hearing, which must be held within about 30 days in the resident county unless both sides agree to a different location, and hearing procedures mirror existing suspension rules, including possible rescission, continuation, or modification of the suspension.

Who It Affects

• Alabama residents with a driver's license who commit a right-of-way violation that leads to death or serious bodily injury; their license could be suspended without a preliminary hearing.
• Nonresident drivers who hold an Alabama driving privilege or license and commit such a right-of-way violation in Alabama; their driving privilege in the state could be suspended without a preliminary hearing.

Key Provisions

• Adds new ground in Section 32-5A-195(k)(9) allowing the Director of Public Safety to suspend a license without preliminary hearing if a driver violates the right-of-way provisions of Section 32-5A-112 and the violation results in death or serious bodily injury.
• Defines serious bodily injury to include substantial risk of death, serious disfigurement, or protracted loss or impairment of a bodily function or mental faculty.
• Allows suspension based on the department's records or other sufficient evidence, with a right to a hearing within about 30 days after suspension.
• Gives the hearing process: notice, location in the county of residence (unless agreed otherwise), the director or an authorized agent as the hearing authority, and the ability to administer oaths and issue subpoenas.
• Maintains alignment with existing suspension rules, including potential rescission, continuation, or extension of suspension, and consideration of related factors (e.g., DUI-related programs) during hearings.
• Specifies that suspensions for driving without a license or privilege remain subject to general limitations (e.g., one-year maximum, unless otherwise allowed).

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Drivers' Licenses