What Can We Do About a Traffic Citation in Alabama After a Migraine Aura?

Question from Amanda Maddox, What Can We Do About a Traffic Citation in Alabama After a Migraine Aura?

Answer from AI:

What the citations mean

In Alabama a rolling stop (failure to come to a complete stop at a stop sign or red light) is a moving violation under Ala. Code § 32‑5A‑5. The penalty can be a fine and points on the driver’s record.

Driving with a revoked license is a separate offense under Ala. Code § 32‑5A‑1(1)(c). Even if the revocation was later lifted, the fact that the license was revoked at the time of the stop makes the citation valid.

Possible defenses

1. Medical necessity / necessity defense

   • You can argue that you were medically unable to drive because of a migraine aura and the side‑effects of rizatriptan, and that switching drivers was the only way to avoid a dangerous situation.
   • Alabama courts have occasionally accepted medical necessity when the driver can show a physician’s statement documenting the condition and its impact on driving ability.

2. Questioning the rolling‑stop allegation

   • If you have video, dash‑cam footage, or a reliable witness who can attest that the vehicle did come to a full stop, you may be able to contest that element of the charge.
   • The officer must be able to prove beyond a reasonable doubt that the stop was “rolling.”

3. Improper issuance of the citation

   • An officer may not issue a citation for a revoked license if the driver was not the one actually operating the vehicle at the moment of the stop. However, Alabama law treats the person in the driver’s seat as the driver for the purpose of the citation, so this argument is limited.

Steps to prepare for the court date

• Gather medical documentation – a letter from your neurologist or primary‑care physician describing the migraine aura, the effect of rizatriptan, and why you were unfit to drive at that moment.
• Obtain proof of license reinstatement – a copy of the reinstatement notice or a DMV record showing the license was restored after the citation.
• Collect any video or photographic evidence – dash‑cam footage, smartphone video, or photos that show the stop.
• Prepare a written statement – a concise, factual account of what happened, emphasizing that you acted to protect public safety.
• Consider a plea bargain – many Alabama traffic courts allow a reduced fine or a “deferred adjudication” if you plead guilty to a lesser charge and complete a driver‑improvement course.

When to seek legal help

Because the case involves two distinct violations (rolling stop and driving while the license was revoked) and a medical‑condition argument, a licensed Alabama traffic attorney can:

• Evaluate the strength of the medical‑necessity defense.
• Negotiate with the prosecutor for a reduced penalty or dismissal.
• Advise whether a trial is advisable or if a plea agreement is the most practical route.

Useful resources

• Alabama Code – Traffic Violations – see §§ 32‑5A‑5 (rolling stop) and 32‑5A‑1 (driving with revoked license) on the Alabama Legislature website.
• Alabama Department of Public Safety – Driver Licensing – information on license revocation and reinstatement procedures.

If you are unsure how to present the medical evidence or how the revocation status affects the citation, contact a qualified attorney who can tailor a strategy to the specifics of your case.