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Patrick Mahaney
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Patrick Mahaney’s Answers

1,911 total


  • Why do I have to pay when there was no physical damages and the driver was able to drive back to her home town??

    I was in a car accident about a year ago the other person car had no damages my car was totalled out the driver was stopped in the wrong so technically my fault because she was hit from behind now I'm being sued for $2000 from her insurance compan...

    Patrick’s Answer

    It appears that you did not have an automobile liability policy in force at the time of the collision. The state of Alabama would not enter a suspension order of your driver license if there was a valid automobile insurance policy in effect at the time of the incident. Under the Code of Alabama, every person involved in a motor vehicle collision in this state must file proof of financial responsibility within 30 days of the accident. If no report is filed, then within 60 days the Department of Public Safety must suspend the driver license of that person and keep the driver license suspended until either two years have passed or until the claim is satisfied. What is not stated, but apparently has already occurred, is that you were sent a demand letter by the other party's insurance carrier. If you do not respond, the insurance carrier will file a motion for default judgment and the court will then enter a final judgment against you. At that point, the Department will keep your driver license suspended for a period of ten years (subject to a one time reaffirmation of judgment) or until the full judgment amount is paid plus 12% interest compounded annually. In other words, if a default judgment is filed against you, your driver license may well remain suspended for the next ten years if you do not settle this matter and soon.

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  • What could he be looking at as punishment jail time or more fines/probation

    Description: Step son was already on probation for DUI and has had a revoked license for 2 years and was caught driving with revoked license, drug possession (heroin), drug paraphernalia, and illegal tag (he took valid tag off his moms car and ...

    Patrick’s Answer

    It is impossible for any attorney to predict the outcome of a criminal case and what penalties, if any, will be imposed. Such opinion is purely speculative and no reputable attorney can predict prior to trial the court's sentence, except to state that the range of sentence or sentencing goes from 'A' to 'B'. Every court has wide authority to impose sentence or defer sentence or run some sentences consecutively. Further, the district attorney has the authority to nol pros a case and often does so as part of a plea agreement. If a plea agreement is reached, that could greatly alter the sentence imposed by the court, since the plea agreement will settle the issues of sentence prior to the trial court imposing sentencing order. Your best course of action is to confer with appointed counsel.

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  • Can a parent, after purchasing the automobile, put the title of said automobile, in the child's name at 16 years old?

    Parents divorced. Mother of said child purchasing auto for minor 16 year old and wants to put title in childs name to prevent anyone other than child having rights to said property.

    Patrick’s Answer

    A child less than 19 years of age cannot enter into a valid contract in the state of Alabama. Every motor vehicle operated on the public highways requires mandatory automobile liability insurance. See, Code of Alabama, 1975, section 32-7A-1. In order to operate this vehicle on a public highway, an automobile liability policy must be issued by an insurance company licensed to do business in this state. I doubt if any auto insurance company will issue such a policy to a minor, but it may be worth looking into.

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  • Can I transfer my license from Texas to Alabama when it was Florida that suspended it, and will Alabama give hardship?

    I served 1 year in Florida State prison for possession of heroin/ paraphernalia. My release date was 12-15-2015 and starting on the day I was released, my Dr. License is suspended until 12-15-2016 , although I was not driving a vehicle when I was ...

    Patrick’s Answer

    The state of Alabama will not issue a driver license or renew a previously issued driver license if that person is subject to a "hold" in another state and is suspended or revoked in a foreign jurisdiction. See, Code of Alabama, 1975, section 32-6-7. There is no "hardship" driver license issued in this state. Either one holds a valid driver license is is unlicensed.

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  • What is the penalty for driving while revoked and being in the correction program already?

    A friend of mine is in the Jefferson county correction program. He got pulled over for driving while revoked and he has a court date coming up. Will he have to do jail time ?

    Patrick’s Answer

    Depends greatly on the district court judge. The trial court judge may order an active jail sentence for any driving while revoked offense. The offense of driving while revoked should not be taken lightly. Any person convicted of driving while revoked shall be sentenced to a fine of not less than $100 and not more than $500 and may be sentenced to a active jail term not to exceed 180 days incarceration. See, Code of Alabama, 1975, section 32-6-19(a)(1). In addition to the statutory fine, the statute also imposes a mandatory additional penalty of $50 which must be assessed by the court. In addition, the Department of Public Safety (ALEA) will enter a new revocation order of six months revocation of license and privilege and order a SR-22 certificate to be maintained on file for a period of three years from date of conviction.

    Your best course of action is to retain a qualified criminal defense attorney and seek an alternative disposition of the citation.

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  • Can i be picked up in florida or can alabama suspend my florida license?

    I recieved a ticket in Elberta, Alabama for wreckless driving, missed court because i moved to pensacola Florida days after recieving ticket, i am from florida and my license is a florida one.

    Patrick’s Answer

    The state of Alabama will enter a suspension of license and/or privilege if the clerk of a court sends notice to the Department of Public Safety (ALEA) of failure to appear or failure to settle in that court. If the Department receives notice of failure to appear, and you hold an out-of-state driver license, the Department will forward the failure to appear notice to the licensee's home state (in this case, the state of Florida). This is required under the terms of the Non-Resident Violator's Compact. It is the responsibility of the home state to enter a suspension order of the licensee's driver license and maintain the license suspended until a clearance letter is issued by the clerk of the court.

    To answer your question more directly: 1) no, the state of Alabama cannot suspend a Florida driver license. Only the state of Florida can suspend a Florida driver license; 2) You will not be arrested and placed in custody for a misdemeanor traffic warrant issued by a municipal court. The Governor of Alabama is not going to request extradition for a traffic violator. However, in all likelihood, the state of Florida will enter a suspension order against your Florida driver license for failure to appear in an out of state court.

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  • I was never read my rights when I was put under arrest should I plead no Contest

    Was pulled over and got arrested for possession of marijuana

    Patrick’s Answer

    The state of Alabama does not recognize and does not permit the plea of "nolo contendre" or "no contest" in any criminal proceeding. The fact that your Miranda warnings were not afforded does not affect the validity of the traffic stop or the resultant seizure of marijuana. While there may be certain legal defenses available, the lack of Miranda warnings does not appear to be an issue. Your best course of action is to seek the professional legal counsel of a qualified criminal defense attorney. Check the Avvo listing under 'Criminal Defense' for a listing of qualified lawyers in your area.

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  • Will I receive a conviction and points against my Alabama CDL if a Florida traffic court delivered a deferred adjucation?

    I hold an Alabama CDL and received a citation for improper backing a company semi-truck while in Florida. Traffic court in Pensacola determined that I was guilty, but with a deferred adjucation tacked on. If I understand correctly, that means I ...

    Patrick’s Answer

    The Alabama Department of Public Safety (now ALEA) will not enter a conviction against a motorist's MVR until it is a "final conviction." See, Code section 32-5A-195(i). If the clerk of the court in Pensacola withholds notice of conviction pending completion of deferred adjudication, then no conviction is reported to the state of Alabama and no entry is made to the MVR.

    Further, a CDL is an endorsement to a Class D driver license. Unless you violated one of the enumerated violations listed as a "serious traffic violation" in Code section 32-6-49.11 while operating a commercial motor vehicle, then no action will be taken against your CDL. CDLs do not have "points" added as does a Class D license, but do face "disqualification" for a term of 60 days or longer if two or more "serious traffic violations" are entered on the MVR during a 36 month period.

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  • I need help cleaning my driving record up

    I have tickets and I'm trying to clean them up.

    Patrick’s Answer

    Your question is not clear. If you have already paid the tickets, and the convictions were entered on your MVR, there is no way to "clean up" the convictions. Once the convictions are entered, the conviction cannot be removed, altered, vacated, or otherwise taken off your driver record. The Department of public Safety (ALEA) maintains all convictions forwarded by the clerk of each court. "Points" are entered upon receipt of conviction and run 24 months from the date of conviction until 24 months have expired. After 24 months, the points automatically drop, but the conviction remains on your permanent record.

    If, however, you have not yet gone to court, then you will need to contact each court where the traffic ticket is filed and request a court date. If you plead guilty or are found guilty of the offense, then the administrative process associated with driver licenses applies. Your best course of action is to seek the professional services of a qualified attorney to assist you.

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  • What can my husband do to get a drivers license?

    My husband has 30 year old traffic tickets from the state he used to live in (New York). Now in this state he can't get a drivers license ( Alabama). He went to NY last year to try to pay the tickets but every place we tried ( traffic court,city h...

    Patrick’s Answer

    The state of Alabama will not issue an Alabama driver license if the applicant has unpaid or unsettled traffic tickets in another state and that state has entered the name and identification of the person into the National Driver Registry (NDR) with a "hold." See, Code of Alabama, 1975, section 32-6-7.

    The NDR hold will have the name and address of each jurisdiction entering the hold and the file number of each case. It is not that difficult to determine which court has entered the failure to appear or failure to settle warrant. The best way to resolve this matter is to go back to Alabama Driver License Division of the Alabama Law Enforcement Agency and get the reinstatement clerk to issue a reinstatement work sheet. Then contact an attorney in each jurisdiction where the hold is entered and get the court to issue a clearance after the fine is paid and/or settled.

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