Understanding the “In the Presence” Requirement in Alabama
A traffic ticket may not always be legally valid simply because an officer issues it. Under Alabama law, the circumstances surrounding a traffic violation and the manner in which an officer initiates a charge can affect whether the citation was properly issued. In certain cases, the distinction between a Uniform Traffic Ticket and Complaint (UTTC) and a criminal complaint may be important to a defendant’s case.
Alabama Code § 32-5-171 provides an exception allowing officers to make certain arrests at the scene of a motor vehicle accident. Although the statute was expanded in 2016 to cover additional offenses, it does not include Chapter 10 of Title 32, which addresses leaving the scene of the accident.
If an officer did not witness the alleged violation, the proper charging procedure and the officer’s statutory authority may be an important issue in the case.
In some cases, the use of a UTTC may raise a legitimate legal issue when the alleged offense occurred outside the officer’s presence and no applicable statutory exception authorizes the procedure used.
For example, a defendant charged under Alabama Code § 32-10-1, which addresses leaving the scene of an accident, may need to examine whether the officer had authority to make the arrest and whether the charge was initiated through the legally appropriate process.
If you received a traffic citation or face a criminal charge arising from an accident, it is important to examine more than the ticket itself. Relevant questions may include:
- Did the officer personally witness the alleged violation?
- Did the officer arrive at the scene after the incident occurred?
- What specific statute or offense is listed on the citation?
- Does an Alabama statute authorize an arrest or citation under those circumstances?
- Was the appropriate charging procedure followed?
- Is there a legal basis to challenge the citation, arrest, or evidence obtained as a result?
Have You Received a Traffic Ticket in Alabama?
If you have been charged with Reckless Driving, leaving the scene of an accident, speeding, or another traffic-related offense in Alabama, it is important to understand your legal options. At the Stoves Law Firm, we work to protect the rights of individuals facing criminal charges and evaluate potential defenses based on the circumstances of each case.
Contact the Stoves Law Firm at 205-823-7233 to discuss your case and learn whether a legal challenge may be available.