Alabama Attorney General Opinion 1979-0205

OFFICE -OF THE ATTORNEY GENERAL 949- ocaos ) q LEE L. MALE DEPUTY ATTORNEY GENERAL WILLIAM M. RECURS. JR. EXECUTIVE ASSISTANT W S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE 140•LES AOMINISTRATIVE ASSISTANT CHARLES A. GRAbDICK ATTORNEY GENERAL STATE OF ALABAMA MAY 24 1912 ADMIN. IVE BUILDING • 4 NORTH UNION MONTGOMERY. AREA 11051. 1134.41•0 130 Honorable William S. Halsey Municipal Judge, City of Heflin P.O. Box 128 Heflin, Alabama 36264 b. Uniform Traffic Citation Municipal Court Uniform traffic citation should be forwarded to De- partment of Public Safety although sentence for traffic violation in municipal.court is commuted by mayor and/or fines are remitted; Opinion by Assistant Attorney General Knight. Dear Judge Halsey: The Attorney General received your request for an opinion as to whether after a conviction for driving while intoxicated or driving while license is suspended or revoked by a municipal judge, the mayor remits the fine and/or suspends the sentence, does the requirement to forward the Uniform Traffic Citation to the Department of Public Safety still hold. Your question is to be answered in the affirmative. Honorable William S. Halsey Page Two Code of Alabama 1975, Section 12-14-15 provides that a mayor may remit fines and cost and commute sentences imposed by a municipal court or the court to which an appeal was taken for violation of a municipal ordinance. The Director of Public Safety is required by law to keep a record of all traffic violation convictions. This is done by forwarding a copy of the court records including the traffic citation to hiM in order that the individual record of the licensee may be ascertainable for considera- tion upon application for renewal of a driving license by the licensee. ' Although the sentence is commuted and fines are remitted by a mayor, the conviction of a traffic violation still re- mains on the records. Therefore, the uniform traffic citation should still be forwarded to the Department of Public Safety with a notation of the remission of the fine and/Or commuta- tion of the sentence by the mayor. If our office can be of further assistance, please do not hesitate to call on us. Sincerely, CHARLES A. GRADDICK Attorney General