Alabama Attorney General Opinion 1979-0009

# THE ATTORNEY GENERAL STATE OF ALABAMA · MONTGOMERY, ALABAMA 36130 [LOGO] CHARLES A. GRADDICK ATTORNEY GENERAL January 22, 1979 File # 8 1-26-79 Melvin Bailey Sheriff, Jefferson County Jefferson County Courthouse Birmingham, AL 35203 79-00009 Motorists deposit of driver's license. as security. Dear Sheriff Bailey: I have your letter in which you request an opinion from this office as to the right of an arresting officer to demand that a motorist leave his driver's license as security instead of having the right to be released by his written bond or personal signature recognizance bond as provided in § 32-1-4, Code of Alabama 1975. The key term in your question is "demand." §§ 32-1-5(a) and 32-1-6(a) provide that a motorist in violation of the provisions of this title or of any traffic ordinance or any incorporated municipality "...shall have the option of depositing his chauffer's or driver's license so issued to him with the arresting officer... in lieu of any other security which may be required for his appearance..." if under the terms of §§ 32-1-4, 32-5-36 or of the traffic ordinance in question, the arresting officer is directed to take a written bond. The key term in §§ 32-1-5(a) and 32-1-6(a) is "option" which is incogruous with the term "demand" in this context. Jorn /It is the opinion of this office that in situations where an arresting officer is directed to take a written bond, the motorist may elect to deposit his chauffer's or driver's license with the arresting officer./ The decision Melvin Bailey Page Two January 22, 1979 whether to deposit the license or post written bond belongs to the motorist. The arresting officer does not have the right to demand one or the other. Sincerely, CHARLES A. GRADDICK Attorney General By- Rosa G Hamlett ROSA G. HAMLETT Assistant Attorney General RGH/ca