SB26 Alabama 2013 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2013

Title

Driver's Licenses, driving without or while suspended or revoked, subject to custodial arrest and additional revocation, determination of liability in accident caused by unlicensed drivers, restitution

Description

Under existing law, a person is required to obtain a driver's license before driving a motor vehicle upon the highways of this state and is prohibited from driving if his or her license has been cancelled, denied, suspended, or revoked.

Under existing law, a person who is arrested for a violation of traffic laws that is punishable as a misdemeanor is issued a summons and is notified in writing or by an electronic traffic ticket or e-ticket to appear before a court at a specified time and place.

This bill would provide that a person who fails to obtain a driver's license before driving or who drives with a cancelled, denied, suspended, or revoked driver's license may be subject to custodial arrest, and would require that the person's driver's license be revoked for an additional six months if the person was driving with a cancelled, suspended, or revoked license.

The bill would increase the minimum fine for driving with a cancelled, denied, suspended, or revoked license from one hundred dollars ($100) to two hundred dollars ($200).

This bill would also provide for a determination of negligence when a driver is involved in an accident while driving without a license or with a suspended or revoked license and would provide for restitution to injured parties in certain cases.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Drivers' Licenses