Legal Question in Traffic Law in Alabama

Wrong State code cited on ticket.

I was given a ticket for driving on a suspended license. On the ticket, where it reads: ''...adopting Section _____ Code of Alabama 1975,'' the officer clearly printed 13-6-19. (It should be 32-6-19.) Is this grounds to have the case dismissed and how and when would I motion for a dismissal?


Asked on 5/10/04, 6:13 pm

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

Re: Wrong State code cited on ticket.

a motion to dismiss should be made early in the proceeding, before the trial, and the specific grounds should be stated. an attorney should be consulted to properly draft such a motion. if a uttc was used to charge the offense the general rule of law is that the mis-citation of the code section does not void the ticket. the charging part of the uttc is the next section down where the "x" marked the offense.

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Answered on 5/15/04, 6:44 am


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