Alabama Department of Public Safety v. Alston

THOMAS, Judge.

The Department of Public Safety (“the Department”) appeals from a judgment of the trial court reversing the Department’s administrative ruling upholding the disqualification of Brian Alston’s commercial driver’s license (“CDL”). In support of its appeal, the Department asserts the following facts, which, as will be explained infra, were not established in the trial court:

In August 2007, Alston received a traffic citation for operating an overweight commercial vehicle. After receiving the citation, Alston failed to pay the citation or to appear in court. On November 16, 2007, the…