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Alabama Court Records

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How to Fight a Traffic Ticket in Alabama

Section § 12–12–53 of the Code of Alabama directs law enforcement officers to issue traffic tickets to road users who commit traffic offenses. A traffic ticket, also known as a citation, is an official notice of an Alabama traffic violation. Tickets typically contain:

  • The violator’s personal information.
  • Details of the offense and applicable statutes.
  • The license number of the vehicle involved.
  • The date of the violation.
  • All associated fines and penalties

If the crime is a misdemeanor, the offender may be taken into custody and booked for the offense. Also, a violator may receive a traffic ticket in the form of a court summons. Depending on the type of traffic ticket received, the offender has two options: pay the ticket or fight it in an Alabama court.

Is it Worth it To Fight a Traffic Ticket in Alabama?

Recipients of an Alabama traffic ticket may choose to fight it. However, there is no one way to determine whether or not it is worth it. As such, motorists who recieve a traffic ticket are advised to consider these factors when deciding whether to fight it:

  • The Merit of The Case: If the recipient believes that the allegation against them is unjust, they may resolve to fight the ticket. Likewise, if the violation resulted from an emergency, i.e., involving life or limb, the violator may successfully plead the case in court.
  • Knowledge of Traffic law: Often, a guilty traffic violator, armed with the knowledge of state traffic laws and municipal ordinances, can successfully challenge the ticket in court for some relief.
  • Attorney Fees: The legal fees accrued in a traffic case can be exorbitant. In some cases, paying the ticket may be cheaper than hiring an attorney.
  • Insurance Premiums: While paying a ticket might be the cheaper option, uncontested traffic tickets are an admission of wrongdoing. Consequently, the insurance premiums of the violator may increase more than bearable.

Other factors to consider include financial loss following court appearance and the possibility of committing another infraction while in transit. Once the individual has determined that fighting the ticket is worth it in the long run, they can proceed to obtain information on fighting a traffic ticket in Alabama.

Ways to Fight a Traffic Ticket in Alabama

According to Alabama court rules, the recipient of a traffic ticket is expected to respond within seven (7) days or on the date specified on the ticket. Failure to comply with this directive may attract administrative sanctions like revocation of driver’s license and a bench warrant being issued for the individual’s arrest.

  • Suit up: If the defendant cannot afford legal representation,they may choose to go pro se, i.e., opt for self-representation. Most courts provide guidelines and legal resources for defendants who choose this option, but the individual can prepare for trial by rehearsing with the available resources.
  • Hire a professional: An individual who cannot go pro se should consider hiring an experienced attorney. Although this is the more pricey option, it is often worth it in the long run.
  • Agency: Several agents now pitch individuals some legal insurance package against traffic tickets. For a small annual fee, the service provider can offer legal assistance should the client need it. However, the reliability of many of these services cannot be guaranteed. Indeed, in many cases, the agency may outsource the case to an attorney who does not have enough experience handling traffic cases. Besides, the service provider may have terms and conditions that preclude clients from using its services under certain circumstances.

Ultimately, deciding how to fight a ticket is the individual’s choice. Each of the above ways has pros and cons that the individual should consider carefully before choosing. Once the individual has decided that going to trial trumps paying the ticket, they may take the necessary actions to ensure a favorable outcome.

How to Fight a Traffic Ticket Without Going to Trial

To fight a ticket without going to trial in Alabama, the defense counsel or the pro se defendant may arrive at a plea bargain with the prosecutor in the brief window between arraignment and trial. As traffic hearings are seldom protracted, this window offers violators the rare opportunity to resolve a ticket without trial. If done well, the prosecutor may reduce the infraction and consequent penalties.

How Do You Get a Traffic Ticket Reduced in Alabama?

To get a traffic ticket reduced in Alabama, the requestor may petition the court for a mitigation hearing. Eligible persons should inquire at the office of the clerk of courts on how to make the request. The Alabama Department of Law Enforcement Agency (DLEA) uses a point system to determine the value of minor traffic violations. The amount on the ticket is often reflective of this point system. The defendant's attorney may convince the prosecutor to change the offense’s classification to reduce the point value. For example, a speeding violation worth five (5) points may change to a moving violation worth two (2) points. Besides, the violator may request a payment plan to pay fines over a period if they prove their financial hardship.

Can You Get a Speeding Ticket Dismissed in Alabama?

While it is typically difficult to dismiss a speeding ticket outright, it is possible. The individual is usually required to enter a not guilty plea and request a hearing. The hearing is generally within 24 hours or within seven (7) days, and the offender will have the opportunity to explain why the speeding ticket is undeserved. Meanwhile, the defendant may watch out for opportunities to toss the case in court. A good opportunity is if the officer fails to appear in court. An alternative option is to subject the issuance of the speeding ticket to technical arguments that prove the innocence of the accused beyond reasonable doubt. Still, the judge is more predisposed to believe the statement of a sworn officer of the law over that of the violator. Thus, the individual may be required to provide admissible evidence and credible witnesses to get a dismissal.

What Happens if You Plead Guilty to a Traffic Ticket in Alabama?

When an individual pleads guilty to a ticket, they typically face the full consequences of the violation. If the offense is a misdemeanor, they may be liable for criminal and civil litigations after adjudicating the traffic case. Other consequences include license revocation and having a publicly available criminal record.

Records of traffic tickets and other documents considered public may also be accessible from some third-party websites. These websites help to expedite the search process, as they are not limited by geographic location and can process search requests for single or multiple records simultaneously. To use these aggregate sites, interested parties are typically required to provide:

  • The name of the person involved in the court record, unless said person is a juvenile
  • The location or assumed location of the record of the person involved

Third-party sites are operated independent of government sources and are not sponsored by these government agencies. Because of this, record availability, accessibility and validity cannot be guaranteed.

How to Find a Traffic Ticket Attorney in Alabama

Ticketed motorists are typically advised to engage the services of a legal representative rather than appear in court alone. Alabama traffic tickets attorneys may be found through a referral from a client of the lawyer, or following the recommendation of a trusted source.

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