Alabama Code 32-5A-308. Judicial review
Terms Used In Alabama Code 32-5A-308
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Arrest: Taking physical custody of a person by lawful authority.
- circuit: means judicial circuit. See Alabama Code 1-1-1
- following: means next after. See Alabama Code 1-1-1
- person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
- state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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.