In Alaska some traffic citations can be handled without going to court by paying a scheduled bail or fine, while others require a court appearance or administrative review. Which path applies depends on the offense and whether a municipality or the Alaska Supreme Court has set a fine schedule. If the citation involves license action (for example, under implied-consent or certain driving offenses), the Department of Motor Vehicles may give a notice that can be reviewed administratively.
People commonly ask for an administrative review or a hearing when the department starts license action. Alaska law allows you to request review and, if the license has not already been surrendered, it must be surrendered when making the request. If a timely request is filed, the department may issue temporary driving privileges until the review is decided, and some hearings may be held by telephone.
Current Alaska law
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The deadline that matters
Request administrative review within 7 days of the DMV notice (for actions under AS 28.15.165).
What Alaska law says
The law says the supreme court and municipalities set which motor vehicle and traffic offenses can be disposed of without court appearance and the scheduled bail or fine amounts under Alaska Stat. § 28.05.151. A person given notice of department action related to a license may request administrative review under Alaska Stat. § 28.15.166, which must be requested within seven days after the notice, and the department may issue a temporary permit while the review is pending. For revocations under AS 28.15.183, a review must generally be requested within 10 days under Alaska Stat. § 28.15.184, and hearings may be held telephonically at the hearing officer’s discretion.
What to do
A common first step is to check whether the offense is eligible for disposition without court appearance under Alaska Stat. § 28.05.151.
A common option is to make a written request for administrative review if the department has given a license action notice, and surrender the license when requesting review as required under Alaska Stat. § 28.15.166.
A common step is to request a temporary permit from the department when seeking review so driving privileges may continue while the review is pending, per Alaska Stat. § 28.15.166(c).
A common practice is to ask for the hearing to be scheduled or delayed for good cause; some hearings may be held by phone under Alaska Stat. § 28.15.184(e).
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Common questions
Can I just pay the bail or fine instead of contesting?
For many offenses a scheduled bail or fine is available so the citation can be disposed of without appearing in court, under Alaska Stat. § 28.05.151. Whether that option is offered depends on the offense and local fine schedules.
What happens if I miss the review deadline?
If a review request under the DMV notice is not made within the statute’s deadline, the right to review is waived and the department’s action becomes final, unless the department accepts a late request with a verified explanation, as allowed in Alaska Stat. § 28.15.166(b).
Will I get to drive while waiting for the review?
If the department accepts a timely request for review and the license has been surrendered, it may issue a temporary driver’s permit valid until the review date, under Alaska Stat. § 28.15.166(c) and Alaska Stat. § 28.15.184(c).
Are hearings by phone available?
Some review hearings may be conducted telephonically: the DMV hearing for implied-consent-type actions is required to be held by telephone in Alaska Stat. § 28.15.166(e) and the revocation review may be telephonic at the hearing officer’s discretion under Alaska Stat. § 28.15.184(e).
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This is legal information, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.