Legal Question in Traffic Law in Alabama

Speeding Ticket

I went to court twice and the officer did not show up, so the judge ordered me to pay court costs and go to a defensive driving class. Is this possible? because I was not guilty and they just called me to the side and said they could not get him there so I would just pay court costs and go to the class, but they did not give me a chance to tell my story. How can I be charged court costs when I did not have a real hearing? Does all this sound like it is fair, and should I have had to pay anything at all? I always heard if the officer did not show, it was thrown out? Court is over but is this true and is there anything I could do now?


Asked on 5/10/04, 3:53 pm

1 Answer from Attorneys
Walter Blocker Walter l. Blocker, III P.C.

Re: Speeding Ticket

if your case is set for trial and the other party does not appear or is not ready for trial, then in that event, you may move the court to dismiss the case. if the court denies your motion the case will probably be continued to a new trial date. a common way to dispose of a speeding ticket (if you are eligible under the court rules) is to attend defensive driving school and pay court costs and the court will then dismiss the case. it sounds like you made this deal with the court as a plea bargain in order to dispose of the case. generally, the only way that you can tell your side of the case to the judge is to have a trial and tell your side during the trial or plead guilty and tell your side before sentencing by the court. you have 14 days from the action of the municipal court to take certain action to set aside the bargain that you made. please call me if you have other questions.

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Answered on 5/15/04, 6:39 am


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