Until July 1, 2018 Alabama had a 5 year look back period for DUI convictions. The punishment an offender would receive was based partially on the number of prior DUI convictions in a 5-year period. Now Alabama uses a 10 year look back period.
Another change is that the priors within the last 10 years are based on the new arrest date, and not the conviction date. So, if you had a prior DUI conviction on August 1, 2008 and then got arrested for DUI on July 31, 2018 and plead guilty to the new DUI on October 1, 2018 you are still treated as a second DUI offender. This was done so offenders could not keep getting their cases continued until the old DUI conviction fell off.
The last change deals with felony DUI convictions. If you have been convicted of a felony DUI any new DUI arrest will be treated as a felony.
In summary the three changes you need to know about are Alabama went from a 5 year to a 10 year look back period. The new DUI for look back purposes starts with the new arrest date and once a felony always a felony.
Please feel free to call or email me with any questions.
I am certified by the National Board of Trial Advocacy. This is an American and Alabama Bar Accredited Organization. My certification is in Criminal Trial Advocacy. Here is an email that I received from the President of the organization to help you understand what this means:
Approximately three percent of American lawyers are board certified, so you are a member of a very select group. Like you, more than 30,000 lawyers have taken the time to prove competence in their specialty area and earn board certification. The referral opportunities that could flow from this group of individuals are significant. A commitment to referring clients to other board certified attorneys should be an easy decision for attorneys making out of state referrals or referrals outside of their existing networks. After all, board certified lawyers have already passed substantial experience, peer review and testing requirements, making them a good choice and one that will serve clients’ needs well. A helpful directory of NBLSC board certified attorneys is easily accessible at http://www.nblsc.us/find_board_certified_lawyers/ . So, when making referrals–think board certified.
David E. Rapoport
President of the National Board of Legal Specialty Certification
Alabama Association of Municipal Attorneys/Judges
Fall Conference – Orange Beach, Alabama
October 20, 2018
“The Impact of Padilla v. Kentucky: Where do we go from here?”
National Business Institute CLE
Birmingham, AL
November 10, 2016
Gun Law – Federal and State
Alabama Judicial College
Regional Seminar – Birmingham, Alabama
April 3, 2014
Preparing a Complaint
Alabama Association of Municipal Attorneys/Judges
Fall Conference – Orange Beach, Alabama
September 26, 2014
Case Law Update
Federal Defenders – Northern District of Alabama
2014 CJA Training Seminar – Birmingham, AL
December 12, 2104
Ethics
Alabama Association of Municipal Attorneys/Judges
Fall Conference – Orange Beach, Alabama
Contempt
October 25, 2013
The Alabama Municipal Court Clerks and Magistrates Association
Annual Conference – Orange Beach, Alabama
“From a Prosecutor’s Perspective”
September 19, 2013
Guest on Money For Lunch Radio Talkshow
http://www.blogtalkradio.com/moneyforlunch
July 16, 2013
Alabama Association of Municipal Attorneys/Judges
Municipal Law
April 05, 2013
Law Review CLE
Discovery and Evidence in the Era of Social Media
September 27, 2011
U.S. District Court, Northern District of Alabama
Challenging Trial Evidence
November 18, 2010
Greater Birmingham Criminal Defense Lawyers Association
Pointers in Municipal Court Practice
May 13, 2010
Birmingham Bar Association
Update on Developments in Criminal Law
December 08, 2006
Birmingham Bar Association
Ethics
August 23, 1996
Here is a link if you would like to hear my radio segment from Tuesday. I am first mentioned at 18:40, then a commercial, then my segment.
http://www.blogtalkradio.com/moneyforlunch/2013/07/16/october-29-2012
When you are arrested for any type of Domestic Violence charge in Alabama there are serious ramifications and these may be unknown to you. If you are convicted of domestic violence, either in municipal or district court you may be ordered to pay a fine and court costs. There may be some jail time which will usually be suspended for a period of time and you will be placed on probation. The Court may also order you to attend some type of class or counseling sessions such as anger management or domestic violence classes.
But the unsuspecting person may have collateral consequences lying in wait. There are many attorneys and even some judges who are unaware of a very serious collateral issue with a guilty plea to domestic violence. Are you a hunter? Are you a police officer or want to become a police officer? Do you have a gun in your home? Do you have a pistol permit and carry a gun for personal protection?
Who would believe that a domestic violence charge in one of the many Alabama courts would possibly result in a federal charge? Well here is the rest of the story.
Federal law (18 U.S.C. § 922[g][1-9]) prohibits certain individuals from possessing firearms, ammunition, or explosives. The penalty for violating this law is ten years imprisonment and/or a $250,000 fine. Further, (more…)
Very few police officers know the law in Alabama concerning driving with a cracked windshield. They often stop vehicles that have very large cracks in the windshield citing the code section that deals with driving with an obstructed view. However the Alabama Court of Criminal Appeals refutes this notion and clearly states that is not a violation. Here are some excerpts from the case:
” § 32-5-215. Windshields must be unobstructed; windshield wipers; tinting.
” (a) No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side wings, or side or rear windows of such vehicle which obstructs the driver’s clear view of the highway or any intersecting highway.
” (b) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.
” (c) Every windshield wiper upon a motor vehicle shall be maintained in good working order.
” (d) No person shall operate a motor vehicle which has a windshield, side wing, or rear window (more…)