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Alabama - ticket does not say violation

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gtmgt20

Junior Member
What is the name of your state? Alabama

I was speeding in Alabama this weekend and was pulled over by a state patrolman. I noticed when I got home that he did not write down what I did wrong. There is a whole section where you should check the appropriate box for the violation. For speeding it has blanks where he should have listed how fast I was going and the speed limit. So...I have to ask 'is this a valid ticket???". Should I talk to the clerk about this or could I fight this in court? Please let me know your thoughts.
 


You Are Guilty

Senior Member
gtmgt20 said:
What is the name of your state? Alabama

I was speeding in Alabama this weekend and was pulled over by a state patrolman. I noticed when I got home that he did not write down what I did wrong. There is a whole section where you should check the appropriate box for the violation. For speeding it has blanks where he should have listed how fast I was going and the speed limit. So...I have to ask 'is this a valid ticket???". Should I talk to the clerk about this or could I fight this in court? Please let me know your thoughts.
Fight it? What are you going to fight if it doesn't say anything.

What do you think about just writing in a violation of your choice? Maybe like 31 in a 30 or "crossing state lines for immoral purposes"? Then at least your insurance won't go up.
 

gtmgt20

Junior Member
"What do you think about just writing in a violation of your choice? "

I would have to call the clerk to find out how much the fine is. Wouldn't they have a copy of the ticket w/ the actual violation on it? Is it legal to edit a traffic ticket?
 
S

seniorjudge

Guest
Plead not guilty. At the trial, after the state calls its first witness and that witness is sworn, then after the first question is asked by the prosecutor, say, "Excuse me judge, but I would like to move for a dismissal of this case since the charging document does not indicate what I am being tried for."

Then sit down. At that point, you have either won or the trial will continue.

Jeopardy has attached at that point. Google fifth amendment double jeopardy

The ticket is defective. Whether you can make it all the way to a trial without anyone noticing, I do not know.
 

SPORTcoupe

Junior Member
My uncle got one of these and went to the clerk to find out what he should do next.
The clerk read over the citation (lack therof), ripped it in half, and told my uncle to go home.

~Alan
 

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