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Cooley v. State Department of Public Safety2/1/2002
This is a driver's-license-suspension and a disqualification case.
On May 31, 2001, William H. Cooley petitioned for a writ of mandamus directing the Alabama Department of Public Safety ("DPS"), to reinstate his driver's license, which, he says, DPS had erroneously suspended based on a driving-while-impaired ("DWI") conviction he received in Tennessee. DPS answered, asserting that the agency had "received a sworn report from a law enforcement office pursuant to [§ 32-5A-301, Ala. Code 1975, that Cooley had been] arrested for DUI and registered .08 or more by weight of alcohol in his blood." DPS further stated that based upon that report the director of DPS had suspended Cooley's driver's license pursuant to § 32-5A-300 through § 32-5A-309, Ala. Code 1975.
After conducting an ore tenus proceeding, the trial court, on June 28, 2001, denied Cooley's writ of mandamus. Cooley appeals, arguing, among other things, that the Tennessee statute "is not substantially similar to the statute in Alabama" and that Alabama is "failing to afford full faith and credit to the letter and spirit of the Tennessee judgment."
The record reveals the following. Cooley, a commercial truck driver based in Birmingham was cited in Tennessee on or about March 28, 2000, at a weigh station. According to Cooley, he had been stopped because his radar detector set off an alarm at the weigh station. He stated that he admitted to drinking several beers earlier in the day and was asked by the attendant to take a breathalyzer test. He stated that he was informed that his reading was .05%, that he was arrested for driving while intoxicated, and that he was taken to the local jail. Cooley's affidavit states that he entered a guilty plea to "driving while impaired," a class B misdemeanor in Tennessee, and that he thought the only consequence would be a $500 fine rather than the suspension or revocation of his driver's license in Alabama. The record contains a "petition for waiver of trial by jury and request for acceptance of plea of guilty" submitted by Cooley to the circuit court in Tennessee. The document indicates that Cooley was charged with "DUI for a commercial vehicle and subject to $1,000 fine, jail, or suspension of license for one year" and that he pleaded guilty to "DWI" and was fined $500, plus court costs. On March 29, 2001, DPS issued two notifications: (1) disqualification of Cooley's commercial driver's license ("CDL") for one year based on his conviction for DUI in Tennessee, and (2) a 90-day suspension of his driver's license based on the same conviction. On May 22, 2001, DPS issued a
letter, stating, in part:
"This is to advise you of the results of the hearing recently held in your behalf concerning the possible suspension, revocation, disqualification or cancellation of your driving privileges.
"The was fully informed of all the pertinent facts concerning your driving record, character, attitude and your need for a driver's license. The department also took into consideration that the operation of a motor vehicle on the public highway is not a guaranteed inalienable right, but instead, is a privilege which is subject to reasonable control through licensing procedures.
"....
"Effective May 27, 2001, your passenger car (Class D) driving privileges will be suspended for 90 days (DUI). After your suspension duration has been served, you will be required to pay a $50 reinstatement fee to this office and your driving record must remain as is. Also, your CDL driving privileges are disqualified for 1 year (DUI/CV). Your CDL privileges will be eligible for reinstatement consideration on April 14, 2002."
Alabama motor-ve
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