The State of Alabama. ABC Enforcement

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Conrad Wilkins
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1 The State of Alabama -A- ABC Enforcement Agent s Manual Updated 02/20/2007

2 4-3 Chapter 4 - Page 7 UNIFORM TRAFFIC CITATIONS PURPOSE: POLICY: To establish guidelines and procedures for Agents using Alabama Uniform Traffic Citations. Enforcement Agents of the ABC Board are charged with the enforcement of State of Alabama Title 28 laws, and other offenses encountered during the normal course of duty. Traffic Enforcement is not a primary duty of an ABC Agent. However, during the normal course of duty, to avoid undue delays, an Enforcement Agent may issue a State of Alabama Uniform Traffic Citation (UTC) under the following conditions and circumstances, but not limited to: Open container (32-5A-330) Driving Under the Influence of Alcohol and/or Drugs (32-5A-191(a)(1-5)) Minor Driving Under the Influence of Alcohol (32-5A-191(b)) Driving While Suspended or Revoked ( ) Driving Without First Obtaining a Drivers License (32-6-1) Serious Driving Offenses, which, if not corrected immediately, could result in injury or death PROCEDURE: Uniform Traffic Citations issued by ABC Agents will be in accordance with rules set forth by the Alabama Rules of Judicial Administration, the Administrative Office of Courts, and the Alabama Alcoholic Beverage Control Board Law Enforcement Division. RESPONSIBILITY: Each Enforcement Agent who is issued a traffic citation book is solely responsible for the lawful use and disposition of those tickets within the book. RECEIPT OF BOOKS: Agent must acknowledge receipt of each book by completing and signing the receipt stub attached to its cover. The receipt stub will be filed by book number by the District Supervisor. All books shall be issued to District Supervisors by the ABC Board Logistics Officer. District Supervisors will issue ticket books to agents assigned to the district as needed. Ticket books shall not be obtained from outside agencies. TICKET ACCOUNTABILITY: Each Agent issued a ticket book shall utilize the UTC Issue Log/Transmittal Form. The log provides a method for each Agent to account for each ticket within a book, including the date issued, name of defendant, offense charged, if the drivers license was posted in lieu of bond, and court case

3 Chapter 4 Page 8 number. It is also recommended that all tickets in a book, including voided tickets, be recorded on the UTC Issue Log. VOIDED TICKETS: When an Agent voids a ticket, he/she shall write VOID across the face of the ticket, enter the agency s ORI number, and return all four copies of the ticket to the ABC Board Logistics Officer, through the normal chain of command, with a written explanation for voiding the ticket. All voided tickets shall be retained within ABC Enforcement files for auditing purposes. The UTC Issue Log should indicate the voided ticket. LOST OR MISPLACED BOOKS: All lost or misplaced tickets shall be documented. A ticket book is considered a serialized, valuable equipment item and must be accounted for accordingly. An Incident/Offense Report shall be used to document the loss for audit control. LEGIBILITY: In order to ensure that all copies of the ticket are legible, the agent shall place a hard divider between the sets of tickets, use a medium ball point pen, and press firmly. The Agent will check the violator s copy before issuing. The defendant must be given due process, which includes proper notice of the charge and where to appear to answer the charge. Failure to provide complete address, phone number, and instruction for the District Court to which the case is assigned may result in dismissal of the case. CHARGES PER TICKET: Rule 19, Alabama Rules of Judicial Administration, provides that only one charge be written on a ticket. A separate ticket shall be used for each offense charged. In the event an error is made, a new or separate ticket shall be written. TRAFFIC OFFENSES ONLY: The Uniform Traffic Citation is for use in misdemeanor traffic cases only. Felonies and non-traffic cases shall not be written on a Uniform Traffic Citation Form. MICROFILM SPACE: Do not write in the left margin of the ticket. This space is reserved for the documentation of the microfilm number. ISSUANCE: Agents shall follow the instructions provided by the Administrative Office of Courts in the Alabama Uniform Ticket and Complaint Handbook for completing the Uniform Traffic Citation. COURT DATES AND LOCATIONS: Agents issuing Uniform Traffic Citations shall make themselves aware of their respective judicial court system procedures, locations, and court dates

4 Chapter 4 Page 9 in order to accurately provide the violator with the correct court appearance information as required by the Administrative Office of Courts. TRANSMITTAL OF UTC TO COURT: Agents shall transmit tickets to court as soon as possible after issuance, but in all cases within 72 hours. The ticket must be sworn to by the arresting Agent and verified by a court magistrate or judge. The UTC Transmittal Form (UTC-3, rev. 3/89) is a two-ply form designed for the Agent to transmit his/her traffic tickets to court and for the court clerk to retain the transmittal information for auditing purposes. The UTC Transmittal Form UTC-3 shall be completed in full with legible print. UTC Transmittal Forms (UTC-3) are maintained in the District Clerk offices of each county and will be supplied to the Agent when tickets are delivered. ADDITIONAL REQUIREMENTS When an Agent Issues a UTC, he/she will consider this a case for reporting purposes. The Agent will draw a case number from the District Office and build a case file as with any other cases made. The UTC shall serve as the case report for traffic violations. A legible copy of the UTC with the case number indicated will be forwarded to the Central Office by the District Supervisor as soon as possible after the Agent has submitted the case for review. Title requires the immediate impoundment and towing away of any vehicle operated by any person while the operator s drivers license or privilege is revoked for any reason or suspended for DUI or DUI related offenses, including the implied consent law or admin per se law. This is designed to immediately remove DUI offenders and DUI convicted drivers from the highway and have the vehicle impounded until a licensed driver can retrieve the vehicle. To that end, the following conditions and exceptions apply: The act does not apply to ordinary drivers license suspensions such as fail to appear in court, suspension for points, suspension for safety responsibility law, etc. The act allows the owner or member of the immediate family who is present in the vehicle when the traffic stop is made to drive the vehicle instead of having the vehicle impounded, provided the owner or family member has a valid drivers license.

5 Chapter 4 Page 10 The act allows the owner or member of the immediate family who is present in the vehicle when the traffic stop is made to drive the vehicle instead of having the vehicle impounded, provided the owner or family member has a valid drivers license. This act provides an exception for medical or other emergency situations allowing the law enforcement officer to elect not to impound the vehicle. The Agent directing the impoundment shall have the vehicle towed to a garage or private towing service storage lot, not to a law enforcement agency office. Once the towing operation has begun, the towing service acquires a lien on the vehicle. The Agent directing the seizure and impoundment of the vehicle has a common law duty not to endanger the life or safety of the driver and/or occupants. The Agent should take the driver and occupants to the nearest telephone or place of safety before resuming other duties.

DUI ORDERS. There are five (5) DUI Conviction Orders in addition to a DUI Nonadjudication Order. 1. DUI 1st - NOT Zero Tolerance

DUI ORDERS. There are five (5) DUI Conviction Orders in addition to a DUI Nonadjudication Order. 1. DUI 1st - NOT Zero Tolerance DUI ORDERS There are five (5) DUI Conviction Orders in addition to a DUI Nonadjudication Order 1. DUI 1st - NOT Zero Tolerance 2. DUI 1st - Zero Tolerance 3. DUI 2nd - NOT Zero Tolerance 4. DUI 2nd - Zero