I was pulled over and received a ticket for improper lights and driving while suspended. Now I am guilty of that but I drive a silver honda but on the ticket it has the wrong color car information it has GOLD and my car is SILVER he had his lights...
No, this is not a valid basis to "dismiss" a traffic ticket. Errors entered on a traffic citation are generally referred as "scrivener error" meaning an unintentional error in spelling or other entry; none of which have any legal bearing on he underlying case. Frequently, on a Uniform Traffic Ticket and Complaint, the name of the driver is misspelled, or the wrong address entered, or the wrong date of birth entered, or the wrong race or other identification entered, or the vehicle's tag numbers inverted, or the make and model of the defendant's vehicle is entered wrong, or the wrong color of vehicle is entered; all of these mistakes are "scrivener error" and there is no legal basis to dismiss a complaint simply because of this type error.
Under the statutory and decision law of Alabama, the Uniform Traffic Ticket and Complaint (U.T.T.C.) is the charging instrument used in all Alabama courts for traffic violations, and is the functional equivalent of an indictment. see, Muldoon v. State, 959 So. 2d 698 (Ala. Crim. App. 2006). Every law enforcement officer in this state must use the Uniform Traffic Ticket and Complaint as the charging instrument for all traffic cases. Code of Alabama, 1975, section 12-12-53. See, also, Gandy v. State, 478 So. 2d 11 (Ala. Crim. App. 1985). Further, all the formalities associated in the preparation and issuance of a warrant and indictment are likewise required in the issuance of a U.T.T.C. See, Rule 13.2 (a), Alabama Rules of Criminal Procedure. “The indictment or information shall be a plain, concise statement of the charge in ordinary language sufficiently definite to inform a defendant of common understanding of the offense charged…” See, also, 42 C.J.S. “Indictments and Informations” at section 123: “An indictment, information, or complaint must be positive with respect to the charge … and must directly and positively allege every fact necessary to constitute a crime.” However, a mistake in spelling or a mistake in identification of a vehicle color, such as stated above, does not alter in any legal sense the validity of the U.T.T.C.
The U.T.T.C is a “complaint” under the terms of Alabama criminal procedure. Vance v. Hoover, 565 So. 2d 1251 (Ala. Crim. App. 1990). Under Alabama Rules of Criminal Procedure, Rule 13.2 (c), the offense must be specified in the complaint, or the complaint is legally insufficient as a charging instrument. Trial courts have the duty to dismiss any complaint that does not properly apprise the defendant of the nature of the charge placed against him.
My vehicle was pulled over (I was passenger) for expired tag. The cops ran my license and the drivers and searched me and I had a very small amount of pot and a pipe and went to jail for 12 hours. Was bonded out went to court felt the honest thin...
It depends. If you were convicted in a municipal or district court, the time to file an appeal for a trial de novo to the circuit court is 14 days from the date of sentencing. In most municipal and district courts, trial or plea is the same date as sentencing. If more than 14 days have passed, your conviction becomes a final conviction and a direct appeal for a new trial is not permitted under the Code of Alabama. If you wish to make a collateral attack on your conviction under Rule 32, Alabama Rules of Criminal Procedure, the rule established a one year time period to so. However, an Rule 32 petition is not an appeal and should not be viewed as an appeal. Rule 32 petitions are complicated and the burden of proof is clearly placed upon the petitioner to show that a miscarriage of justice has denied the defendant a fair trial. Your best course of action is to seek the professional legal services of a qualified criminal defense attorney to assist you in this matter. Check the Avvo listing under 'Criminal Defense' for a list of criminal defense attorneys in your area.See question
I am a CPA that has until recently been employed as a tax and accounting manager with a small public accounting firm in the Birmingham, Alabama area. When I started working for this firm in September of 2015, I was required to sign a non-compete a...
Code section 8-1-190 was enacted in 2015 with an effective date of January 1, 2016 to deal with the many "restrictive covenant" clause employment law cases then being filed in state courts. There was a time, over a generation ago, that restrictive covenants were nearly unknown or unheard of in this state, but over the past twenty to thirty years, the use of such device to restrict competition in business, and especially professional level employment, had greatly increased. In response, the legislature enacted Code section 8-1-190 to give the trial courts statutory guidance in interpretation of non-compete agreements and to balance the business requirements of both the employer and the employee.
The general public policy of the state of Alabama, at least prior to 2015, was that restraints of trade were void as a matter of public policy, but under some conditions and in some circumstances, a non-compete agreement would be upheld, so long as it was limited in duration, limited in scope, limited in geographical area, and limited to a genuine need to protect a valid business interest. The problem with that analysis is one judge's opinion of what is or was "limited" does not often match another judge's interpretation, thus resulting in substantial appellate work before the Court of Civil Appeals or Alabama Supreme Court. Code section 8-1-190 is clear and relatively simple to understand and should be your first stop before consulting an attorney. You may (or may not) have a perfectly valid issue, but read the Code section first and then ask yourself- "Do I have a case?"See question
was arrested for felony possession of firearm, black powder pistol, just showed up at altercation my son was in, police was in possession of firearm, asked who owned I said I bought over 20 years ago, was arrested for felony possession from arrest...
While technically a black powder firearm does not fit the statutory definition of a "firearm" under the United States Code (See, 18 U.S.C. 922(g)], the law enforcement officers involved are entitled to an affirmative defense termed "qualified immunity" which basically holds that unless the officers actions were malicious, undertaken in bad faith and with full knowledge that their actions were wrongful, and undertaken with an intent to deprive the individual with a right secured under the Constitution, there is little chance of prosecuting a federal civil rights claim under section 42 U.S.C. 1983. The Qualified Immunity doctrine protects all but the plainly incompetent or willfully malicious officer from lawsuit. However, there may be a different common-law doctrine that may be available in state court if the action is styled under a state claim or state based cause of action, but there is little likelihood of success in a federal court based on the limited information provided in your inquiry. Check with a lawyer in your area that specializes in civil rights claims and actions against government officials.See question
I stopped at a stop sign. Looked both ways and proceeded. Out of know we're this truck grazed the front end of my car.and leaves the scene of the accident. I follow him honking my horn several times.he pulls over about 1 to 2 blocks down from were...
The "arrest at the scene of an accident" authority of a law enforcement officer was recently revised and amended. Effective August 1, 2016, a law enforcement officer may issue a citation at the scene of a traffic accident if that officer has "prima facia" evidence that one of the motorists violated the Code of Alabama while engaged in the operation of a motor vehicle. See, Code of Alabama, 1975, section 32-5-171 (b): "A law enforcement officer, as defined in Section 36-21-40, subsequent to a traffic accident, may issue a traffic citation to a driver of a vehicle involved in the accident when, based on personal investigation, the officer has prima facie evidence demonstrating grounds to believe that the person has committed any offense under Chapter 5, 5A, 6, 7, or 7A of Title 32." In other words, this section does not require the officer to actually see the vehicle being operated by the defendant. For some reason, this section of law does not use the generally accepted term "probable cause" but instead uses the term "prima facia evidence." In other words, the officer must have more than a guess or simple speculation, but must have a good-faith belief that the motor vehicle code was violated (which includes violations of the driver license code and the insurance law requirement). The level of proof the officer must have to issue the citation is "prima facia" evidence.
Unfortunately, that term - "prima facia evidence" - is not further defined in the this section of the Code. Under the general understanding of the phrase as used in the law, "prima facia" is a Latin expression meaning "on its first encounter" or "at first sight". The literal translation would be "at first face" or "at first appearance". In modern, colloquial and conversational English, a common translation would be, "on the face of it". Thus, the term prima facie is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, prima facie denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact.See question
I took about $3,000 from walmart over time and I got caught, fired, and banned. What will happen next?
Hire the best attorney you can locate. You are in serious trouble. WalMart corporation does not play around with any shoplifters or employee theft. You can expect to be prosecuted to the max. Your best course of action at this time is retain the best criminal defense attorney that you can afford and seek the best possible resolution to a difficult situation. Check the Avvo listing under 'Criminal Defense' for a good attorney in your area.See question
My rights were taken away with my child due to a drug problem
Yes, you are required to pay child support, even if your parental rights have been restricted or terminated. Child support is financial support for the benefit of the child, and not for the welfare of the parent.See question
Was put on probation for child support ordered to pay 500$ monthly for two years Need to know if I could get my license back. How much do I have to pay
It all depends on whether or not you have paid all the previously ordered child support in full or a satisfactory re-payment plan agreed to. See, Code of Alabama, 1975, section 30-3-175: 'Reinstatement of withheld, etc., license; obtaining new license after revocation.'which states: "(a) When, following the withholding, restricted use, or suspension of a license, the department or its agent determines that the support debt or support obligation has been paid in full or a satisfactory payment plan has been negotiated, or the obligor has complied with subpoenas or warrants relating to paternity or child support proceedings, the department or its agent, at the request of the obligor, shall send notice requesting reinstatement of the license to the licensing authority and the obligor. Notice to the licensing authority to reinstate the license shall not limit the ability of the department or its agent to issue a new decision and notice in the event of another delinquency.
(b) When a license has been revoked pursuant to Section 30-3-173, the obligor may obtain a new license only if the department, upon request of the obligor, makes a determination and notifies the licensing authority that the obligation has been paid in full or a satisfactory payment plan is in place and the obligor is complying with the plan or the obligor has complied with subpoenas or warrants relating to paternity or child support proceedings. Upon receipt of the notification, the licensing authority may issue a new license pursuant to the statutes or regulations governing the reissuance of a license by the licensing authority."See question
I was driving back home from taking my mother to work at 3:00 A.M. and turned left at an intersection in the right-hand turning lane. As I finished turning, a police officer coming from the opposite direction saw me, pulled a U-turn and followed m...
See, Code of Alabama, 1975, section 32-5-240 (c)(3): "Every motor vehicle shall have a tail lamp or a separate lamp so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted."
This section of law is intended to require a white emitting light that projects white light on the rear registration plate (tag), but not outward. Whether or not there was a legally sufficient basis for the traffic stop is a question of law under the Fourth Amendment.See question
My son was convicted of sodomy in the 1st degree he is 16 years old. he was 15 at the time it happened. There were three boys that went in the bathroom with a girl and she performed oral sex on all three of them. She was thirteen at the time. The...
No non-lawyer should ever attempt appellate work. Criminal appeals are far too complicated for even the inexperienced lawyer, much less the non-lawyer. As a general statement, the defendant only gets one chance at an appeal. If the initial appeal is unsuccessful, then any further attempts to appeal will probably be denied. As a general statement, the courts will not accept successive appeals.
There are a lot of issues that are unstated in your inquiry, such as whether or not your son had appointed or retained representation at the trial court level. Assuming the court appointed a "public defender" to represent your son, what advice or counsel was offered concerning the appellate process? What grounds were stated for an appeal? As a general statement of the appellate process, only questions of law are the basis for an appeal, but not questions of fact, as the trial court is in the best position to determine questions of fact. Your best course of action is to seek the professional services of a qualified criminal defense attorney as soon as possible.See question