Rule 19 Uniform traffic infractions.

Rule Text

(A) Complaint and Summons; Use; Forms.

(1) TRAFFIC COMPLAINT AND SUMMONS. The complaint and summons used in all nonfelony traffic cases filed in all courts of the State shall be the "Uniform Traffic Ticket and Complaint" ("the ticket") or an approved electronic version of the ticket containing substantially the same information as that found on the ticket. Any reference to the ticket made in these Rules shall also include an electronic version of the ticket approved by the Administrative Director of Courts ("the ADC").

(2) NOTICE TO APPEAR. The notice to appear is a document that may be electronically generated and printed at the site of the traffic stop or completed by hand by the issuing officer and served upon the defendant in lieu of the ticket. A notice to appear shall be served upon a defendant only in the event the law enforcement officer issues and files an electronic ticket with the court. The contents and format of the notice to appear shall be established and approved by the ADC.

(3) USE OF TICKET. The ticket shall be used in all nonfelony traffic cases in all courts of the State. Any ticket properly issued by a law enforcement officer shall be accepted for filing and disposition in any court having jurisdiction over the alleged offense.

(4) FORM OF TRAFFIC COMPLAINT AND SUMMONS AND NOTICE TO APPEAR. The form, content, and numbering schemes of the ticket shall be as prescribed in Attachment One to this rule. The form, content, and numbering schemes of an electronic version of the ticket shall be as approved by the ADC. The form and content of a notice to appear shall be as approved by the ADC.

(5) ISSUANCE OF TICKETS TO LAW ENFORCEMENT OFFICERS. Each law enforcement agency shall issue the tickets for use by each officer within that agency. Each law enforcement agency shall obtain its supply of the paper tickets through purchasing and distribution channels prescribed by the ADC. All electronic versions and formats of tickets will also be distributed by the Administrative Office of Courts ("the AOC"). Any electronic ticket must be approved by the ADC.

(6) ACCOUNTABILITY FOR TICKETS.

(a) Law Enforcement Agencies.

i. Paper tickets. Each law enforcement agency shall be responsible for the proper accounting and use of all tickets stocked by that agency. Each law enforcement officer issuing a ticket shall complete and sign the ticket, serve a copy of the completed ticket upon the defendant and, without unnecessary delay, normally within 48 hours, acknowledge under oath the facts alleged therein before any person within the judicial branch of government who is authorized by the State of Alabama to administer oaths and file the court copies of the ticket with the court having jurisdiction over the alleged offense.

ii. Electronic tickets. A law enforcement officer issuing an electronic ticket shall:

(a) Electronically or wirelessly transmit the defendant’s licensing information and other pertinent information to be included on the electronic ticket to the AOC. If required by the court of jurisdiction, the law enforcement officer shall also submit a printed copy of the electronic ticket directly to the court. Pursuant to the provisions of this rule, the court may electronically file the traffic ticket and otherwise process the ticket;

(b) Serve a summons or notice to appear upon the defendant; and

(c) Without unnecessary delay, normally within 48 hours, acknowledge under oath the facts alleged therein before any person within the judicial branch of government who is authorized by the State of Alabama to administer oaths. Both the law enforcement officer and the person administering the oath may use electronic signature process approved by the ADC when swearing to and verifying electronic tickets.

(b) Courts. The presiding circuit judge, other judge, or clerk of each court shall designate personnel to be responsible for accounting for all tickets used in such court. The designated personnel shall be responsible for the proper disposition and accounting of such tickets and shall cause to be prepared and submitted such records and reports relating to the tickets as may be requested by the ADC. Upon request made in person, in writing, or by other means by the defendant or the defendant's attorney, the clerk of the court shall print or otherwise provide a copy of the electronic ticket to the person making the request.

(c) Administrative Office of Courts. The AOC shall develop and maintain an electronic application that (1) permits the law enforcement officer to electronically store the ticket information, (2) forwards the electronic ticket information to the court of jurisdiction, and (3) allows the law enforcement officer and court to authenticate tickets pursuant to subsection (A)(6)(a)(2)(c) of this rule. Once the ticket is electronically filed with the court, the court must electronically report disposition and other information specified by the ADC to the AOC's central ticket repository. The ADC shall have the authority to implement policies and procedures that establish processes for the fulfillment of any requirement of this rule. The AOC shall also provide each court filing an electronic ticket the ability to create and print the electronic ticket on demand.

(B) Municipal parking offenses. The ticket shall not be used to charge municipal parking offenses. Municipal parking offenses shall be processed administratively by each municipality. The governing body of a municipality shall have the power to establish a fine and cost schedule for the summary disposition of all municipal parking offenses. In municipalities retaining municipal courts, municipal court magistrates shall administratively process all municipal parking offenses wherein a dispute arises. In all other municipalities, the governing body of the municipality may designate city clerks or appoint administrative hearing officers, who shall be neutral and detached from law enforcement, to accept payment for parking tickets and to determine parking-offense disputes. Within 14 days from any administrative decision of a contested case, a defendant may appeal such decision to the appropriate circuit court for a trial de novo in accordance with the provisions of Ala. Code 1975, §§ 12-11-30 and 12-14-70.

(1) DEFENDANT'S APPEARANCE, PLEA, AND WAIVER OF TRIAL. A defendant charged with a traffic infraction, which is included within an approved schedule of fines prescribed for magistrates in accordance with these Rules, may, within 7 days, or, in the discretion of the magistrate, not later than 24 hours before the court date shown on the ticket:

(a) Appear in person before a magistrate, sign under the "Plea of Guilty/Waiver of Rights" section on the back of, or accompanying, the ticket, or on a form provided by the magistrate, and pay the fine and costs; in such a case, the magistrate must retain a copy of the tickets or other such forms in either a paper or approved electronic format; or

(b) Sign under the "Plea of Guilty/Waiver of Rights" section on the back of, or accompanying, the ticket, and mail the ticket and the amount of the fine and costs to the clerk of the court. Remittance by mail of the fines and costs constitutes a guilty plea and waiver of trial, whether or not the "Plea of Guilty/Waiver of Rights" section on the back of, or accompanying, the ticket is signed by the defendant. Should the amount tendered be insufficient, such money received by the magistrate or clerk shall be considered to be a partial payment of the lawful penalty, applied by the clerk to the fines and costs, and disbursed as required by law. The clerk may give notice of such insufficiency by first class mail to the defendant at the address contained on the ticket, and a supplemental summons or warrant of arrest shall be issued for the offender's arrest, and a judgment shall be entered by the magistrate of court for the balance of the penalty due.

(c) Pay the amount of the fine and costs by credit card or bank transfer to the clerk of court, magistrate, or to any repository for payment established by the ADC. Remittance of the fines and costs by credit-card payment or bank transfer constitutes a guilty plea and waiver of trial, whether or not the "Plea of Guilty/Waiver of Rights" is signed by the defendant. Should the amount tendered be insufficient, such money received by the magistrate, clerk, or other designated office shall be considered to be a partial payment of the lawful penalty, applied by the clerk to the fines and costs, and disbursed as required by law. The clerk may give notice of such insufficiency by first class mail to the defendant at the address contained on the ticket, and a supplemental summons or warrant of arrest shall be issued for the offender's arrest, and a judgment shall be entered by the magistrate of court for the balance of the penalty due.

(2) ISSUANCE OF NOTICE, SUMMONS, OR WARRANT. When a defendant fails to appear pursuant to a ticket issued to him, the court may, in its discretion, issue further notice, and, if the offense is contained in an approved magistrate's fine schedule for traffic offenses pursuant to Rule 20 of these Rules, increase the amount of the fine above the scheduled amount for such offense or issue a supplemental summons or warrant and forfeit bail according to law.

(3) FINES AND COURT COSTS PAID TO CLERK OF THE COURT. Fines and court costs collected from the summary disposition of traffic infractions shall be paid to the clerk of the court, who shall disburse said funds as provided by law; provided, however, that magistrates serving outside the office of the clerk shall transfer all records, including the ticket and plea of guilty, within 48 hours of receipt thereof, and all fines and costs in accordance with rules adopted by the ADC.

(D) Declaration of approval. The ticket, which is attached hereto and marked as Attachment One to this rule, is hereby approved and declared to be sufficient for each of the offenses listed therein; provided, however, that nothing in this section shall be deemed to prohibit continued use of any prior series of tickets which have not been specifically recalled or retired by the ADC. The use of an electronic version of the ticket, as approved by the ADC, containing substantially the same information as that found on the ticket attached hereto and marked as Attachment One is declared to be sufficient for each of the offenses listed. (Attachment One is the Alabama Uniform Traffic Ticket and Complaint form (Form UTTC-1).

(E) Electronic filing of guilty pleas and orders. Judges, clerks, and magistrates may utilize an electronic filing system approved by the ADC to accept pleas of guilt and/or to enter orders in a traffic case. The ADC may promulgate necessary policies and procedures for the acceptance of pleas of guilt by electronic means and the electronic filing of orders.

(F) Authority of the administrative director of courts. The ADC shall provide the Supreme Court with notice of any policies, procedures, guidelines, directive, or any other standards that are implemented pursuant to this rule. Notice shall be provided by filing the documentation of such with the clerk of the Supreme Court for circulation to members of the Court.

[Amended 11-9-76; Amended 12-7-76, eff. 4-1-77; Amended 12-6-77, eff. 1-1-78; Amended 12-20-77, eff. 1-15-78; Amended 12-28-78, eff. 1-5-79; Amended 6-579, eff. 8-1-79; Amended 11-6-79, eff. 1-1-80; Amended 1-5-81, eff. 1-30-81; Amended 11-2-82, eff. 2-1-82; Amended 10-21-82, eff. 1-1-83; Amended 9-2883, eff. 11-1-83; Amended 1-7-85, eff. 1-1-85; Amended 10-28-85, eff. 1-1-86; Amended eff. 6-2-87, Amended 9-28-87, eff. 10-1-87; Amended eff. 2-8-89; Amended 3-18-97, eff 3-18-97; Amended eff. 12-29-2004; Amended eff. 3-282005; Amended eff. 11-9-2006; Amended eff. 10-30-2009.]

Attachment One. Alabama Uniform Traffic Ticket and Complaint.

FORM UTTC-1 COURT CASE NO ALABAMA UNIFORM TRAFFIC REV 11/18 TICKET AND COMPLAINT ______________________ YEAR NUMBER ALABAMA, COUNTY OF CO CITY TICKET NUMBER P The undersigned, being duly sworn, deposes and says that he/she has probable cause to believe TYPE VEHICLE and does believe that the person herein named did, within the previous 12 months, commit the □Commercial □Private offense set forth contrary Month Day Year At Time □ AM □Haz-Mat Involved to law in that on or about Approx. □ PM □Passenger (requiring : □ MT passenger endorsement)

First Name Middle/Maiden Last

Address Street

City State Zip Code CDL Required □Yes □No

State Driver’s License Number Class of License

Sex Race DOB M D Y Social Security Number Driver’s License □Yes □No in Possession Hgt. Wgt. Eyes Hair Vehicle Tag Number State Year

Vehicle Description Owner of Vehicle □ Driver □ Employer □ Other

Employer/Owner of Vehicle (Address)

__________________________________ in violation of □ Section _________________________ Code of Alabama 1975,  or Rule/Regulation number (or) □ Municipal Ordinance No. _____________________ duly adopted and in force at the time the offense was committed, (if applicable) □ adopting Section ___________________________ Code 1975, more particularly described below:

CHECK THE APPROPRIATE BLOCK: UCR Code ML Mkr Street/Road Code

1. □ Speeding __________MPH _______ Speed Limit 2. □ Reckless Driving (Specify facts below) 7. □ Driving While Revoked 3. □ Driving without First Obtaining a Driver’s License 8. □ Driving While Suspended DID DRIVE OR BE IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE: 10.□ Running Red Light 4. □ There was .08% or More By Weight of Alcohol in His/Her Blood 13.□ Improper Equipment (Specify)____ 4. □ Under the Influence of Alcohol 14.□ Improper Passing 5. □ Under the Influence of Controlled Substance 28.□ Improper Tag (Specify)__________ 71. □ Under the Combined Influence of Alcohol and Controlled Substance 29.□ Improper Turn 72. □ Under the Influence of any Substance which impairs the Mental or 42.□ Overweight Vehicle Physical Faculties 61.□ Child Restraint Violation 6. □ Failure to Yield Right of Way 77.□ Seat Belt Violation

□ Other Violation (Specify) ____________________________________________________________________

FACTS RELATING TO THE OFFENSE □ Companion Case (Traffic, Non-Traffic, Felony, Other) NAME

(Witnesses, etc) □ Accident involved

Complainant’s Signature Officer ID. Agency ORI AL Verified and Acknowledged before me this date M D Y (Circle Title) Judge/Magistrate TICKET-P

□ Municipal COURT APPEARANCE INFORMATION □ District Court Phone ( )

Court Appearance Time Court Address Date  □ AM □ PM M D Y : CASE

I promise to appear in court at said time and place or otherwise comply with the provisions of this complaint and instructions of the notice part of this ticket

Defendant’s Signature: Phone ( ) □ Released on Own Recognizance □ Driver’s License Posted in Lieu of Bond

COMPLAINT AND AFFIDAVIT

INSTRUCTION PRESS FIRMLY TO OFFICER: ASK IF MOTORIST’S ADDRESS IS CORRECT ON DRIVER’S LICENSE

[FRONT] Court O.R.I. COURT CASE NUMBER

AL ____________ COURT RECORD ______________________ YEAR NUMBER  MUNICIPAL COURT TICKET OR  DISTRICT COURT OF COUNTY NUMBER P DEFENDANT’S NAME CHARGE

CONTINUED TO M D Y REASON

2ND M D Y REASON CONTINUANCE

UTTC-6A MAILED NEW COURT DATE UTTC-6B ISSUED UTTC-6B CLEARANCE M D Y M D Y M D Y M D Y

WARRANT ISSUED BOND SET $ WARRANT SERVED WARRANT RECALLED M D Y CASH M D Y M D Y

CONDITIONAL BOND FORFEITURE M D Y BOND FORFEITURE M D Y ORDER ISSUED ORDER FINAL ATTORNEY FOR CHECK IF  Defendant informed of right to counsel  Voluntarily waived counsel DEFENDANT APPLICABLE  Defendant found indigent, counsel appointed PLEA OF DEFENDANT (CHECK ONE) 1  Guilty as charged 2  Guilty of 3  Not guilty ADJUDICATION (CHECK ONE) 1  Guilty as charged 2  Not guilty 3  Guilty of 4  Nol prossed 5  Dismissed

ORDERS OF THE COURT FINE $ COURT COSTS $ TOTAL FINE AND COURT COSTS $

ADDITIONAL PENALTIES/FEES/COSTS HEAD INJURY DUI CRIMINAL HISTORY DUI CRIME VICTIMS (DUI/RECKLESS DRIVING) MISDEMEANOR $ $ 10.00 (MINIMUM $25.00) HOUSING & MAINTENANCE MEDICAL ATTORNEY RECOUPMENT RESTITUTION PARTIAL PAYMENTS AUTHORIZED FOR $ $ $ $ $ M D Y M D Y LOCATION  JAILED DAYS________ RELEASED   SENTENCE SUSPENDED  PROBATION  COMMUNITY SERVICE ________Days ____________ Months _______ Days _______ Months __________ Days __________Months  TRAFFIC SAFETY M D Y  SUBSTANCE ABUSE  COURT REFERRAL PROGRAM M D Y PROGRAM EVALUATION COMPLETED COURT ORDERED LICENSE SUSPENSION  CONSECUTIVE LICENSE SURRENDERED TO COURT

__________ DAYS ___________ MOS.  CONCURRENT M D Y RECEIVED BY

CONFIDENTIAL:  NO -  IF YES:  Juvenile  Youthful Offender

DISPOSITION DATE SIGNATURE OF JUDGE/MAGISTRATE M D Y

CASE APPEALED APPEAL BOND CIRCUIT COURT CASE NUMBER M D Y $

ARRESTING AGENCY (TYPE OF ARREST)  STATE  COUNTY  MUNICPAL CASH RECEIVED FROM RECEIPT $ AMOUNT DATE M D Y $ NAME AND TITLE LICENSE ATTACHED:  YES  NO ALEA RECEIVED LICENSE  YES  NO

COURT ACTION AND DISPOSITION

[BACK] FORM UTTC-1 COURT CASE NO ALABAMA UNIFORM TRAFFIC REV 11/18 TICKET AND COMPLAINT ______________________ YEAR NUMBER ALABAMA, COUNTY OF CO CITY TICKET NUMBER P The undersigned, being duly sworn, deposes and says that he/she has probable cause to believe TYPE VEHICLE and does believe that the person herein named did, within the previous 12 months, commit the □Commercial □Private offense set forth contrary Month Day Year At Time □ AM □Haz-Mat Involved to law in that on or about Approx. □ PM □Passenger (requiring : □ MT passenger endorsement)

First Name Middle/Maiden Last

Address Street

City State Zip Code CDL Required □Yes □No

State Driver’s License Number Class of License

Sex Race DOB M D Y Social Security Number Driver’s License □Yes □No in Possession Hgt. Wgt. Eyes Hair Vehicle Tag Number State Year

Vehicle Description Owner of Vehicle □ Driver □ Employer □ Other

Employer/Owner of Vehicle (Address)

□ Did unlawfully operate a motor vehicle, other vehicle, or □ otherwise unlawfully use a public street, road, highway or other place, at or near ____________________________________________________, within the □ city limits or □ police jurisdiction of________________________________________, or □ within _____________________ County, at or near the following location __________________________________ in violation of □ Section _________________________ Code of Alabama 1975,  or Rule/Regulation number (or) □ Municipal Ordinance No. _____________________ duly adopted and in force at the time the offense was committed, (if applicable) □ adopting Section ___________________________ Code 1975, more particularly described below:

CHECK THE APPROPRIATE BLOCK: UCR Code ML Mkr Street/Road Code

□ Other Violation (Specify) _____________________________________________________________________

FACTS RELATING TO THE OFFENSE □ Companion Case (Traffic, Non-Traffic, Felony, Other) NAME

(Witnesses, etc) □ Accident involved

Complainant’s Signature Officer ID. Agency ORI AL Verified and Acknowledged before me this date M D Y (Circle Title) Judge/Magistrate TICKET-P

□ Municipal COURT APPEARANCE INFORMATION □ District Court Phone ( )

Court Appearance Time Court Address Date  □ AM □ PM M D Y : CASE

I promise to appear in court at said time and place or otherwise comply with the provisions of this complaint and instructions of the notice part of this ticket

Defendant’s Signature: Phone ( ) □ Released on Own Recognizance □ Driver’s License Posted in Lieu of Bond

ABSTRACT OF COURT RECORD – ALEA DATA INPUT

INSTRUCTION PRESS FIRMLY TO OFFICER: ASK IF MOTORIST’S ADDRESS IS CORRECT ON DRIVER’S LICENSE

[FRONT] Court O.R.I. COURT CASE NUMBER

AL ____________ ABSTRACT OF COURT RECORD ______________________ YEAR NUMBER  MUNICIPAL COURT TICKET OR  DISTRICT COURT OF COUNTY NUMBER P DEFENDANT’S NAME CHARGE

CONTINUED TO M D Y REASON

2ND M D Y REASON CONTINUANCE

UTTC-6A MAILED NEW COURT DATE UTTC-6B ISSUED UTTC-6B CLEARANCE M D Y M D Y M D Y M D Y

WARRANT ISSUED BOND SET $ WARRANT SERVED WARRANT RECALLED M D Y CASH M D Y M D Y

CONDITIONAL BOND FORFEITURE M D Y BOND FORFEITURE M D Y ORDER ISSUED ORDER FINAL ATTORNEY FOR DEFENDANT CHECK IF  Defendant informed of right to counsel  Voluntarily waived counsel APPLICABLE  Defendant found indigent, counsel appointed PLEA OF DEFENDANT (CHECK ONE) 1  Guilty as charged 2  Guilty of 3  Not guilty ADJUDICATION (CHECK ONE) 1  Guilty as charged 2  Not guilty 3  Guilty of 4  Nol prossed 5  Dismissed

ORDERS OF THE COURT FINE $ COURT COSTS $ TOTAL FINE AND COURT COSTS $

__________ DAYS ___________ MOS.  CONCURRENT M D Y RECEIVED BY

CONFIDENTIAL:  NO -  IF YES:  Juvenile  Youthful Offender

DISPOSITION DATE SIGNATURE OF JUDGE/MAGISTRATE M D Y

CASE APPEALED APPEAL BOND CIRCUIT COURT CASE NUMBER M D Y $

COURT ACTION AND DISPOSITION – ALEA DATA INPUT

First Name Middle/Maiden Last

Address Street

City State Zip Code CDL Required □Yes □No

State Driver’s License Number Class of License

Sex Race DOB M D Y Social Security Number Driver’s License □Yes □No in Possession Hgt. Wgt. Eyes Hair Vehicle Tag Number State Year

Vehicle Description Owner of Vehicle □ Driver □ Employer □ Other

Employer/Owner of Vehicle (Address)

CHECK THE APPROPRIATE BLOCK: UCR Code ML Mkr Street/Road Code

1. □ Speeding __________MPH _______ Speed Limit 2. □ Reckless Driving (Specify facts below) 7. □ Driving While Revoked 3. □ Driving without First Obtaining a Driver’s License 8. □ Driving While Suspended DID DRIVE OR BE IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE: 10. □ Running Red Light 4. □ There was .08% or More By Weight of Alcohol in His/Her Blood 13. □ Improper Equipment (Specify)_____ 4. □ Under the Influence of Alcohol 14. □ Improper Passing 5. □ Under the Influence of Controlled Substance 28. □ Improper Tag (Specify)__________ 71. □ Under the Combined Influence of Alcohol and Controlled Substance 29. □ Improper Turn 72. □ Under the Influence of any Substance which impairs the Mental or 42. □ Overweight Vehicle Physical Faculties 61. □ Child Restraint Violation 6. □ Failure to Yield Right of Way 77. □ Seat Belt Violation

□Other Violation (Specify) ______________________________________________________________________

FACTS RELATING TO THE OFFENSE □ Companion Case (Traffic, Non-Traffic, Felony, Other) NAME

(Witnesses, etc) □ Accident involved

Complainant’s Signature Officer ID. Agency ORI AL Verified and Acknowledged before me this date M D Y (Circle Title) Judge/Magistrate TICKET-P

□ Municipal COURT APPEARANCE INFORMATION □ District Court Phone ( )

Court Appearance Time Court Address Date  □ AM □ PM M D Y : CASE

I promise to appear in court at said time and place or otherwise comply with the provisions of this complaint and instructions of the notice part of this ticket

Defendant’s Signature: Phone ( ) □ Released on Own Recognizance □ Driver’s License Posted in Lieu of Bond

POLICE RECORD

INSTRUCTION PRESS FIRMLY TO OFFICER: ASK IF MOTORIST’S ADDRESS IS CORRECT ON DRIVER’S LICENSE

[FRONT] POLICE NOTES

First Name Middle/Maiden Last

Address Street

City State Zip Code CDL Required □Yes □No

State Driver’s License Number Class of License

Sex Race DOB M D Y Social Security Number Driver’s License □Yes □No in Possession Hgt. Wgt. Eyes Hair Vehicle Tag Number State Year

Vehicle Description Owner of Vehicle □Driver □ Employer □ Other

Employer/Owner of Vehicle (Address)

□ Did unlawfully operate a motor vehicle, other vehicle, or □ otherwise unlawfully use a public street, road, highway or other place, at or near ____________________________________________________, within the □ city limits or □ police jurisdiction of________________________________________, or □ within _____________________ County, at or near the following location __________________________________ in violation of □ Section _________________________ Code of Alabama 1975, □ or Rule/Regulation number (or) □ Municipal Ordinance No. _____________________ duly adopted and in force at the time the offense was committed, (if applicable) □ adopting Section ___________________________ Code 1975, more particularly described below:

CHECK THE APPROPRIATE BLOCK: UCR Code ML Mkr Street/Road Code

1. □ Speeding __________MPH _______ Speed Limit 2. □ Reckless Driving (Specify facts below) 7. □ Driving While Revoked 3. □ Driving without First Obtaining a Driver’s License 8. □ Driving While Suspended DID DRIVE OR BE IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE: 10. □ Running Red Light 4. □ There was .08% or More By Weight of Alcohol in His/Her Blood 13. □ Improper Equipment (Specify)_____ 4. □ Under the Influence of Alcohol 14. □ Improper Passing 5. □ Under the Influence of Controlled Substance 28. □ Improper Tag (Specify)___________ 71. □ Under the Combined Influence of Alcohol and Controlled Substance 29. □ Improper Turn 72. □ Under the Influence of any Substance which impairs the Mental or 42.□ Overweight Vehicle Physical Faculties 61. □ Child Restraint Violation 6. □ Failure to Yield Right of Way 77. □ Seat Belt Violation

□ Other Violation (Specify) ______________________________________________________________________

FACTS RELATING TO THE OFFENSE □ Companion Case (Traffic, Non-Traffic, Felony, Other) NAME

(Witnesses, etc) □ Accident involved

Complainant’s Signature Officer ID. Agency ORI AL Verified and Acknowledged before me this date M D Y (Circle Title) Judge/Magistrate TICKET-P

□ Municipal COURT APPEARANCE INFORMATION □ District Court Phone ( )

Court Appearance Time Court Address Date  □ AM □ PM M D Y CASE

I promise to appear in court at said time and place or otherwise comply with the provisions of this complaint and instructions of the notice part of this ticket

Defendant’s Signature: Phone ( ) □ Released on Own Recognizance □ Driver’s License Posted in Lieu of Bond

DEFENDANT’S COPY

INSTRUCTION PRESS FIRMLY TO OFFICER: ASK IF MOTORIST’S ADDRESS IS CORRECT ON DRIVER’S LICENSE

[FRONT] NOTICE INSTRUCTIONS TO THE DEFENDANT 1. You must appear in court on the appearance date shown on the front of this ticket except as provided below. 2. If you have not settled this case prior to the appearance date and you do not appear in court on that date, a warrant will be issued for your arrest and the Alabama Law Enforcement Agency will be notified to suspend your driver’s license. 3. You do not have to appear in court for the following offenses unless you have been convicted of, or plead guilty to, two or more traffic violations during the preceding 12 months (parking tickets excluded):

Speeding No red or orange flag or red light or IMPROPER: Allowing child under the age of 16 to amber strobe Backing operate motor vehicle Obstructing driver's view Brakes Blocking highway Operating a motor vehicle without a Lights Casting a light from a public road driver's license Muffler Coasting Overweight/overheight/overlength truck Or no rearview mirror Crossing a fire hose Parking more than 18 inches from curb Passing Driving on wrong side of road Refusal to weigh Signal Driving upon sidewalk Running red light Stopping or parking on or Failure to dim headlights Running stop sign in highway Failure to stop at railroad crossing Shifting load Stopping, standing, or parkFailure to use child restraint Spilling load ing in specified places Failure to wear safety belt Stopping on highway Stopping, standing, or parkFailure to yield right-of-way Switched personalized license plates ing outside business or Failure to yield to emergency vehicle Unattended motor vehicle residence Following emergency vehicle Violating driver's license restriction or Tag Following too closely endorsement Tag classification Hitchhiking Tires Littering highway Turn No helmet (motorcycle rider) Use of clearly indicated divNo permit (oversized width, height, ided highway length) Window tinting

Other minor traffic offenses may be added to this list which will allow you to plead guilty before a magistrate. You may contact the court shown on the reverse side of the ticket to determine if the offense with which you are charged is included. If you are charged with one of the above offenses and have not been convicted of two or more traffic violations during the preceding 12 months, you may enter a plea of guilty either in person or by mail to the court clerk or magistrate not later than 24 hours before the court date shown on the ticket. To do so, you must sign the “Plea of Guilty/Waiver of Rights” set forth below and present this copy of the ticket and pay all fines and court costs.

4. You must contact the court for the amount of the fine and court costs. Upon a plea of guilty or a conviction for the offense charged within this complaint, you have 60 days to satisfy any monetary judgment against you. If you cannot pay any monetary judgment against you in 60 days, you may apply to the court to request payment of a monetary judgment in installments. You must obtain a court order approving an installment plan and provide proof of financial responsibility and such an order to the Secretary of the Alabama Law Enforcement Agency within 60 days of the entry of any monetary judgment against you OR YOUR LICENSE WILL BE SUBJECT TO AUTOMATIC SUSPENSION.

5. Penalty points are assessed upon conviction under the provisions of Alabama statutes and the Alabama Law Enforcement Agency’s Point System and may result in the suspension or revocation of your driver’s license by the Alabama Law Enforcement Agency.

PAYMENT MUST BE BY CERTIFIED CHECK OR MONEY ORDER IF MADE BY MAIL

PLEA OF GUILTY/WAIVER OF RIGHTS YOU ARE HEREBY ADVISED OF YOUR RIGHTS AS A DEFENDANT IN THIS TRAFFIC CASE (Please Read Carefully) I, the undersigned, do hereby enter my appearance on the offense charged within this complaint. I understand that I have certain constitutional rights which I will waive if I plead guilty, namely: the right to a trial before this court; the right to an attorney of my choice, or if I cannot afford one, one appointed by the court; the right at trial to subpoena witnesses on my behalf, to confront and cross-examine witnesses against me and to argue and make objections; and the right to testify in my own behalf. I also understand that I cannot be forced to testify against myself and that I am presumed innocent and that this presumption can be overcome only if the prosecution convinces the judge or jury of my guilt beyond a reasonable doubt. I understand my constitutional rights set out above and the punishment that will be imposed if I elect to plead guilty before a magistrate. I also understand that my plea of guilty will have the same force and effect as a judgment of conviction by the court and that a record of this conviction will be sent to the driver’s license division of the Alabama Law Enforcement Agency (or of the state where I received my license to drive). This may result in the suspension or revocation of my driver’s license and may adversely affect my ability to maintain or secure automobile insurance. I further understand that this conviction may result in enhanced penalties on subsequent convictions. I understand my rights and the matters set out above and hereby voluntarily and knowingly waive such rights by pleading guilty as evidenced by my signature below. I further state under penalty of law (Section 13A-10-109, Code of Alabama 1975), that I have not been convicted of two or more traffic violations during the preceding 12 months.

____________________________________________ Defendant’s Signature Date

____________________________________________ Defendant’s Name (print or type)

6. For Minor Equipment Violations: Local municipal ordinances may allow you to have the equipment repaired within 72 hours, excluding Sundays and legal holidays, and present your ticket to any law enforcement officer within the jurisdiction of the offense charged. This officer after inspection of your vehicle may, by signing below, recommend that the charge be dismissed. You must then deliver or forward the ticket to the court clerk at the address on the front of this ticket.

DEFECTIVE EQUIPMENT REPAIRED (OFFICER’S RECOMMENDATION TO DISMISS CHARGE) Equipment Inspected Inspecting Officer’s Name, PRINTED AND SIGNED:

Date of Inspection Time Officer ID Agency ORI Number Mo Day Year  AM :  PM AL

[BACK] BOOK

P ALABAMA UNIFORM TRAFFIC TICKET AND COMPLAINT INSTRUCTION TO OFFICERS PRINT EVERYTHING BUT SIGNATURES, USE A MEDIUM BALL POINT PEN AND PRESS FIRMLY. PRINTING ON TICKET MUST BE LEGIBLE ON ALL COPIES. (CHECK VIOLATOR’S COPY BEFORE ISSUING). 1. This Uniform Traffic Ticket and Complaint (UTTC) MAY NOT be issued to charge municipal parking offenses, Rule 19(B) Ala.R.Jud.Admin. 2. Use a separate UTTC for each violation. 3. Complete and sign the UTTC, have the motorist sign the promise to appear in court, and give him/her the defendant’s copy. 4. Advise the motorist to follow the instructions on the back of the UTTC. Inform him/her of the consequences of failing to appear in court. 5. All copies of a voided ticket must be returned to the local issuing office. 6. This ticket, including the statement of charges, is valid until specifically recalled pursuant to Rule 19(D) Ala.R.Jud.Admin. 7. A commercial motor vehicle is a motor vehicle designed or used to transport passengers or property and: (a.) having gross weight of 26,001 lbs or more; or (b.) designed to transport 16 or more passengers; or (c.) transporting hazardous material pursuant to Title 32-6-49.3.

STATE CODES AL Alabama LA Louisiana OR Oregon AK Alaska ME Maine PA Pennsylvania AZ Arizona MD Maryland RI Rhode Island AR Arkansas MA Massachusetts SC South Carolina CA California MI Michigan SD South Dakota CO Colorado MN Minnesota TN Tennessee CT Connecticut MS Mississippi TX Texas DE Delaware MO Missouri UT Utah DC District of MT Montana VT Vermont Columbia NE Nebraska VA Virginia FL Florida NV Nevada WA Washington GA Georgia NH New Hampshire WV West Virginia HI Hawaii NJ New Jersey WI Wisconsin ID Idaho NM New Mexico WY Wyoming IL Illinois NY New York AS American Samoa IN Indiana NC North Carolina CZ Panama Canal Zone IA Iowa ND North Dakota GU Guam KS Kansas OH Ohio PR Puerto Rico KY Kentucky OK Oklahoma VI Virgin Islands

A Certified copy of the Uniform Traffic Ticket and Complaint Form (UTTC-1) may be used in lieu of the Uniform Crime Report (UCR) for reporting to the ACJIC for DUI cause ONLY. The UCR Code for reporting DUI/Liquor arrests is 5404: for DUI/Drugs is 5403. This code should be included in the space provided on all DUI tickets.

ALABAMA UNIFORM TRAFFIC TICKET & COMPLAINT

BOOK

P Beginning Ticket P Ending Ticket P Date Issued ____________________

Issuing Officer ________________________

Received By: _________________________________________________________________ Name ID NO:

AGENCY COPY

[FRONT] CODE CHARGE STATUTE

01 Speeding -Posted 32-5A-171 -Reasonable/Prudent 32-5A-170

02 Reckless Driving 32-5A-190

03 Driving W/O License 32-6-18

04 DUI -BAC 32-5A-191(a)(1) -Under the Influence 32-5A-191(a)(2) 05 -Controlled Substance 32-5A191(a)(3) 71 -Combined Alcohol & Controlled Substance 32-5A-191(a)(4) 72 -Any Substance 32-5A-191(a)(5) -Under 21, BAC .02-.08 32-5A-191(b)

06 Failing to Yield R.O.W. -Intersection 32-5A-110 -Left Turn 32-5A-111 -Stop or Yield Intersection 32-5A-112 -Private or Other Roadway 32-5A114 -Emergency Vehicle 32-5A-115 -Construction 32-5A-116

Driving While License 07 -Revoked 32-6-19 08 -Suspended 32-6-19 09 -Canceled 32-6-19

10 Running Red Light 32-5A-31

11 Driving on Wrong Side of Road 32-5A-80

12 Running Stop Sign 32-5A-31

13 Improper -Muffler 32-5-216 -Lights 32-5-240 -Tires 32-5-210 -Mirror 32-5-214 -Brakes 32-5-212

14 Improper Passing -Opposite Direction 32-5A-81 -Same Direction (left) 32-5A-82 -Same Direction (right) 32-5A-83 -No Passing 32-5A-86

28 Improper Tag – Classification 32-6-52 Wrongful Use of Classification Tag 32-6-131 Wrongful Use of Personalized Tag 32-6-155

29 Improper Turn -Left 32-5A-111 -Intersection 32-5A-130 -Curve or Crest of Grade 32-5A-131 -Turning Movement 32-5A-133

42 Overweight Vehicle 32-9-20

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Form UTC-7. Plea of Guilty/Waiver of Rights (Plea Entered Before Magistrate Scheduled Offenses)

Unified Judicial System (Plea Entered Before Magistrate ____________________ Form UTC - 7 Rev 8/97 Scheduled Traffic Offenses) UTC Number ____________________

□ In the District Court of __________________________________________________________, Alabama (Name of County)

□ In the Municipal Court of ________________________________________________________, Alabama THE STATE OF ALABAMA or v. ___________________________________________ CITY/TOWN OF:___________________ (Defendant)

NOTICE TO THE ABOVE NAMED DEFENDANT:

State law prohibits magistrates from receiving pleas of guilty from anyone convicted of two or more traffic offenses in the preceding 12 months. If you have been convicted of two or more traffic offenses within the preceding 12 months, do not sign this plea of guilty. A false statement will subject you to penalties prescribed by law.

You are charged with the offense of _____________________________________________________. In accordance with the Rules of Judicial Administration, you may elect to plead guilty to this offense before a magistrate and pay a fine of $__________ plus court costs of $__________, for a total of $__________.

PLEA OF GUILTY/WAIVER OF RIGHTS

YOU ARE HEREBY ADVISED OF YOUR RIGHTS AS A DEFENDANT IN THIS TRAFFIC CASE.

Please Read Carefully I, the undersigned, do hereby enter my appearance on the offense charges within this complaint. I understand that I have certain constitutional rights which I will waive if I plead guilty, namely: the right to a trial before this court; the right to an attorney of my choice, or if I cannot afford one, one appointed by the court (however, I understand that I may be ordered to make reimbursement at a later date); the right at trial to subpoena witnesses on my behalf, to confront and cross-examine witnesses against me and to argue and make objections; and the right to testify in my own behalf. I also understand that I cannot be forced to testify against myself and that I am presumed innocent and that this presumption can be overcome only if the prosecution convinces the judge or jury of my guilt beyond a reasonable doubt.

I understand my constitutional rights set out above and the punishment that will be imposed if I elect to plead guilty before a magistrate. I also understand that my plea of guilty will have the same force and effect as a judgment of conviction by the court and that a record of this conviction will be sent to the driver license division of the Alabama Department of Public Safety (or of the state where I received my license to drive). This may result in the suspension or revocation of my driver’s license and may adversely affect my ability to maintain and secure automobile insurance. I further understand that this conviction may result in enhanced penalties on subsequent convictions. I understand my rights and the matters set out above and hereby voluntarily and knowingly waive such rights by pleading guilty as evidenced by my signature below. I further state under penalty of law (Section 13A-10-109, Code of Alabama 1975), that I have not been convicted of two or more traffic violations during the preceding twelve months.

__________________________________________________ Defendant’s Signature Date __________________________________________________ Defendant’s Name (Print or Type) Date

Rule 19 Uniform traffic infractions.

Rule Text

Plain-English Summary (for reference only — not a substitute for the rule text above)

Committee Notes

Disclaimer