No civil penalty may be imposed and no adjudication of liability for a civil violation may by made under this subpart if the operator of the vehicle was arrested or was issued a citation and notice to appear by a sworn police officer for a criminal violation of any portion of Article 2, commencing with Section 32-5A-30, Chapter 5A, Title 32, including, but not limited to, Sections 32-5A-31, 32-5A-34, and 32-5A-35, or any other municipal ordinance which embraces and incorporates the statutes contained in that article, and which occurred simultaneously with and under the same set of circumstances which were recorded by the photographic traffic signal enforcement system. (Act 2009-740, p. 2208, § 13.)
Alabama Legal Code