Police Stopping and Charging Person

Police Stopping and Charging Person

Proposed changes that are supposed to go into effect on 1/30/2016 change mandatory driver’s license suspension so that possession of marijuana in the first and second degree no longer mandate driver’s license suspension.

OLD Section 13A-12-291 NEW Section 13A-12-291
Specific crimes warranting suspension of driver’s license.  
A driver’s license shall be suspended pursuant to Section 13A-12-290 for conviction of, adjudication of, or a finding of delinquency based on, the following crimes: A driver’s license shall be suspended pursuant to Section 13A-12-290 for conviction of, adjudication of, or a finding of delinquency based on, the following crimes:
(1) Criminal solicitation to commit a controlled substance crime under Section 13A-12-202. (1) Criminal solicitation to commit the crime of trafficking in specified substances under Section 13A-12-231 or unlawful possession with intent to distribute a controlled substance under subsections (c) and (d) of Section 13A-12-211.
(2) Attempt to commit a controlled substance crime under Section 13A-12-203. (2) Attempt to commit the crime of trafficking in specified substances under Section 13A-12-231 or unlawful possession with intent to distribute a controlled substance under subsections (c) and (d) of Section 13A-12-211.
(3) Criminal conspiracy to commit a controlled substance crime under Section 13A-12-204. (3) Criminal conspiracy to commit the crime of trafficking in specified substances under Section 13A-12-231.
(4) Unlawful distribution of controlled substances under Section 13A-12-211. Removed
(5) Unlawful possession or receipt of controlled substances under Section 13A-12-212. Removed
(6) Unlawful possession of marihuana in the first degree under Section 13A-12-213. Removed

 

(7) Unlawful possession of marihuana in the second degree under Section 13A-12-214. Removed
(8) Sale or furnishing of controlled substances by persons over age 18 to persons under age 18 under Section 13A-12-215. Removed
(9) Trafficking in specified substances under Section 13A-12-231. (4) Trafficking in specified substances under Section 13A-12-231.
(5) Unlawful possession with intent to distribute a controlled substance under subsections (c) and (d) of Section 13A-12-211.
(10) Driving under the influence of a controlled substance, or under the combined influence of a controlled substance and alcohol under Sections 32-5A-191(a)(3) and 32-5A-191(a)(4). The suspension of a driver’s license for driving under the influence of a controlled substance, or under the combined influence of a controlled substance and alcohol pursuant to Section 32-5A-191 shall be governed by that section

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