Section 32-5A-308

Judicial review.

THIS SECTION WAS AMENDED BY ACT 2021-498 IN THE 2021 REGULAR SESSION, EFFECTIVE AUGUST 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

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.)