Code of Alabama

Ala. Code § 32-5A-308 (2026)

Judicial Review.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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Within 30 days of the issuance of the final determination of the agency following a hearing under Section 32-5A-307, a person aggrieved by the determination shall have the right to file a petition in the circuit court of the county where the arrest was made for judicial review. The appeal shall be taken by serving written notice of the appeal upon the Secretary of the Alabama State Law Enforcement Agency, which service shall be made by delivering a copy of the notice to the secretary in Montgomery, Alabama, and filing the original with the clerk of the court to which the appeal is taken. The court shall set the matter for hearing upon 30 days’ written notice to the secretary. At the hearing, the court may take testimony and examine the facts of the case. After the hearing, the court may either reverse or sustain the final determination of the agency. The filing of a petition for judicial review shall not stay the suspension order.

(Acts 1996, No. 96-322, p. 388, §9; Act 99-598, p. 1383, §1; Act 2021-498, §2.)

Notes of Decisions
Cited in 3 cases, 2017–2018 · leading case: Taylor v. Harvey, 257 So. 3d 869 (Ala. Civ. App. 2017).
Taylor v. Harvey, 257 So. 3d 869 (Ala. Civ. App. 2017). · cites it 5× “Harvey then timely sought judicial review of his suspension in the Colbert Circuit Court, pursuant to Ala. Code 1975, § 32-5A-308, and sought and obtained a stay of the suspension of his driving privileges.”
Ala. Law Enf't Agency v. Carter, 263 So. 3d 1072 (Ala. Civ. App. 2018). “" § 32-5A-308. That statute further provides that "a person aggrieved by the determination [after a hearing] shall have the right to file a petition [for judicial review] in the circuit court of the county where the arrest was made.”
Ala. Law Enf't Agency v. Carter, 263 So. 3d 1072 (Ala. Civ. App. 2018). “" § 32-5A-308. That statute further provides that "a person aggrieved by the determination [after a hearing] shall have the right to file a petition [for judicial review] in the circuit court of the county where the arrest was made.”
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