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Can they report it as a DUI "conviction" even though it was never adjudicated?
Anonymous2 views3 answers
I am in the military stationed in Germany. I got a DUI 16 months ago by the German police. I was turned over to the MP. The whole matter was handled administratively (GOMOR and RFC evaluation). The military licensing authority (PMO) in Germany reported the incident to Alabama (where my stateside DL is issued) and now it shows up as "Activity - Citation, Conviction Date-XX-XX-2013, Description- DUI Liquors" on my driving record. Additionally, my AL license shows suspended and it is my understanding that I must pay reinstatement fee to get that lifted. There was never a conviction, NJP or other type of hearing.
Does this sound right?
Can I get the entry removed from my Alabama D/L record?
You will need to file for an 'Administrative Review' with the Department of Public Safety. Under the Code of Alabama, 1975, section 32-5A-195 (i), only a "conviction" as that term is defined in that section of law may lawfully be used to suspend, revoke, or otherwise remove an Alabama driver license. Your best course of action is to retain an Alabama licensed attorney that is completely familiar with Alabama driver license law, administrative regulations, and Department procedure and have the attorney file a petition for administrative review.
In addition to checking with your JAG officer you will need to consider hiring an AL DUI attorney to handle the administrative license suspension as there are probably time deadlines to do so. Good luck.
