32-5A-191.4
Section 32-5A-191.4 Ignition interlock devices. (a) As used in Section 32-5A-191, the term, "ignition interlock device" means a constant monitoring device that prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol level of the operator through the taking of a breath sample for testing. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol level of the operator, as measured by the test, reaches a blood alcohol concentration level of 0.02. (b) The ignition interlock device shall be installed, calibrated, and monitored directly by trained technicians who shall train the offender for whom the device is being installed in the proper use of the device. The use of a mail in or remote calibration system where the technician is not in the immediate proximity of the vehicle being calibrated is prohibited. The Department of Forensic Sciences shall promulgate rules for punishment and appeal for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-191.4.htm - 12K - Match Info - Similar pages
32-5A-191
over two thousand dollars ($2,000) for a fourth or subsequent conviction within 10 years, the first one hundred dollars ($100) of that additional amount shall be deposited to the Alabama Chemical Testing Training and Equipment Trust Fund, after three percent of the one hundred dollars ($100) is deducted for administrative costs, and beginning October 1, 1997, and thereafter, the second one hundred dollars ($100) of that additional amount shall be deposited in the Alabama Head and Spinal Cord Injury Trust Fund after deducting five percent of the one hundred dollars ($100) for administrative costs and the remainder of the funds shall be deposited to the State General Fund. (2) Fines collected for violations of this section charged pursuant to a municipal ordinance where the total fine is paid at one time shall be deposited as follows: The first three hundred fifty dollars ($350) collected for a first conviction, the first six hundred dollars ($600) collected for a second conviction...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-191.htm - 34K - Match Info - Similar pages
12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case in which an offender is admitted into a pretrial diversion program established under this division, there shall be a written agreement between the district attorney and the offender. The agreement shall include the terms of the pretrial diversion program, the length of the program, as practicable as possible, the costs of the program to the offender, and the period of time after which the district attorney must dispose of the charges against the offender. If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular charge or charges and receives a specific sentence, an agreement concerning when the plea of guilt will occur, to what charges to which the offender will plead guilty, and any sentence to be imposed shall be approved by and submitted to an appropriate circuit or district court judge having jurisdiction over the offender within the judicial circuit prior...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.10.htm - 6K - Match Info - Similar pages
12-25-32
for which an Alabama offender has been convicted under prior Alabama law or the law of any other state, the District of Columbia, the United States, or any of the territories of the United States. b. The basis for defining these offenses as violent is that each offense meets at least one of the following criteria: 1. Has as an element, the use, attempted use, or threatened use of a deadly weapon or dangerous instrument or physical force against the person of another. 2. Involves a substantial risk of physical injury against the person of another. 3. Is a nonconsensual sex offense. 4. Is particularly reprehensible. c. Any attempt, conspiracy, or solicitation to commit a violent offense shall be considered a violent offense for the purposes of this article. d. Any criminal offense which meets the criteria provided in paragraph b. enacted after 2003. (Act 2003-354, p. 948, §3; Act 2009-742, p. 2220, §1; Act 2012-473, p. 1304, §1; Act 2014-346, p. 1289, §1(b)(3); Act 2015-185, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-25-32.htm - 11K - Match Info - Similar pages
15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of probation; sanctions. (a) The period of probation or suspension of execution of sentence shall be determined by the court and shall not be waived by the defendant, and the period of probation or suspension may be continued, extended, or terminated. However, except as provided in Section 32-5A-191 relating to ignition interlock requirements, in no case shall the maximum probation period of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1. When the conditions of probation or suspension of sentence are fulfilled, the court shall, by order duly entered on its minutes, discharge the defendant. (b) The court granting probation, upon the recommendation of the officer supervising the probationer, may terminate all authority and supervision over the probationer prior to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-54.htm - 10K - Match Info - Similar pages
32-5A-191.3
Section 32-5A-191.3 Operation of vessel and other marine devices while under influence of alcohol or controlled substances. (a) A person shall not operate or be in actual physical control of any vessel, or manipulate any water skis, aquaplane, or any other marine transportation device on the waters of this state, as the waters are defined in Section 33-5-3, under any condition in which a person would be guilty of driving under the influence of alcohol or drugs pursuant to Section 32-5A-191 if the person was driving or controlling a motor vehicle. (b) In the case of a vessel or other marine device described in subsection (a), where a law enforcement officer has probable cause to believe that the operator of the vessel or other marine device is operating in violation of this section, the law enforcement officer is authorized to administer and may test the operator, at the scene, by using a field breathalyzer or other approved device, as a screening device, to determine if the operator...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-191.3.htm - 4K - Match Info - Similar pages
45-49-170
Section 45-49-170 Mobile County Litter Control Act. (a)(1) Recognizing the rapid growth of the County of Mobile and the need for a healthful, clean, and beautiful environment; and further recognizing that the proliferation and accumulation of litter discarded throughout Mobile County impairs this need and constitutes a public health hazard; and further recognizing the addition need of effective litter control, there is hereby enacted this Mobile County Litter Control Act. (2) The purpose of this section is to accomplish litter control throughout Mobile County and its municipalities. (b) As used in this section unless the context indicates otherwise: (1) LITTER. Any bottles, glass, crockery, cans, scrapmetal, junk, paper, garbage, rubbish, or similar refuse discharged as no longer useful or useable. (2) PERSON. An individual, partnership, firm, corporation, association, or other entity. (3) PUBLIC PLACE. Any area that is used or held out for use by the public whether owned or operated...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-170.htm - 3K - Match Info - Similar pages
32-5A-177
Section 32-5A-177 Charging violations; burden of proof in civil actions; arrest for violation of speed laws communicated from officer operating measuring device to another officer; testimony derived from use of speed measuring device. (a) In every charge of violation of any speed regulation in this article the complaint, also the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven, also the maximum speed applicable within the district or at the location. (b) The provision of this article declaring maximum speed limitations shall not be construed to relieve the plaintiff in any action from the burden of proving negligence on the part of the defendant as the proximate cause of an accident. (c) Any state trooper, upon receiving information relayed to him or her from a fellow officer stationed on the ground or in the air operating a speed measuring device that a driver of a vehicle has violated the speed laws of this state, may arrest the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-177.htm - 2K - Match Info - Similar pages
32-5A-195
of alcohol or under the influence of a controlled substance to a degree which renders him or her incapable of safely driving or under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving. (4) Any felony in the commission of which a motor vehicle is used. (5) Failure to stop, render aid, or identify himself or herself as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another. (6) Perjury or the making of a false affidavit or statement under oath to the Secretary of the Alabama State Law Enforcement Agency under this article or under any other law relating to the ownership or operation of motor vehicles. (7) Conviction upon three charges of reckless driving committed within a period of 12 months. (8) Unauthorized use of a motor vehicle belonging to another which act does not amount to a felony. (k) The Secretary of the Alabama State Law...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-195.htm - 11K - Match Info - Similar pages
13A-10-190
an explosive or incendiary charge of more than one-quarter ounce; a poison gas; a mine; a Molotov cocktail; or any other device which is substantially similar to these devices. b. Any type of weapon by whatever name known which will or may be readily converted to expel a projectile by the action of an explosive or other propellant, through a barrel which has a bore diameter of more than one-half inch in diameter. The term shall not include a pistol, rifle, or shotgun suitable for sporting or personal safety purposes or ammunition; a device which, although originally designed for use as a weapon, is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; or surplus military ordnance sold, loaned, or given by authority of the appropriate official of the United States Department of Defense. c. A weapon of mass destruction. d. A bacteriological weapon or biological weapon. e. A combination of parts either designed or intended for use in converting any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-10-190.htm - 9K - Match Info - Similar pages
|