§ 1-13. Fine schedule; procedure if defendant elects to plead guilty.

(a)

Schedule of fines for traffic infractions. If a defendant in a municipal court case elects to plead guilty before a magistrate to one of the traffic offenses listed in the schedule below, the fine established in the schedule shall apply:

Offense	Fine
Driving on wrong side of road .....	$ 30.00
Failure to dim headlights .....	10.00
Failure to stop at railroad crossing .....	10.00
Failure to use child restraint .....	10.00
Failure to wear safety belt .....	10.00
Failure to yield right-of-way .....	20.00
Following too closely .....	20.00
Improper backing .....	20.00
Improper brakes .....	20.00
Improper lights .....	20.00
Improper muffler .....	10.00
Improper or no rearview mirror .....	20.00
Improper passing .....	20.00
Improper signal .....	10.00
Improper tag .....	25.00
Improper tires .....	20.00
Improper turn .....	20.00
No driver's license in possession .....	10.00
No helmet (motorcycle rider) .....	10.00
Parking in safety zone, fire lane or prohibited zones .....	25.00
Running red light .....	20.00
Running stop sign .....	20.00
Speeding .....	20.00
Stopping on highway .....	30.00
Violating driver's license restriction .....	10.00

 

(b)

Municipal court schedule of fines. The city may, by ordinance, adopt, in whole or in part, the state supreme court's extended schedule of fines and the schedule adopted shall apply in minor ordinance violation cases or cases charging violations of a rule or regulation promulgated by a state agency or department and incorporated in municipal ordinances, not included in subsection (a), wherein a defendant elects to plead guilty before a magistrate. If the city elects to adopt all or a portion of the supreme court's extended schedule of fines, it may subsequently amend its local schedule of fines, by ordinance, to include or exclude any or all of the offenses contained in the supreme court's extended schedule of fines or to reject the supreme court's extended schedule of fines in its entirety. Provided, that the adoption of a schedule of fines pursuant to this subsection shall be subject to the limitations imposed in subsection (d) of this section.

(c)

Local schedule of fines. The city may also, by ordinance, adopt a local schedule of fines for cases involving minor ordinance violations or for cases involving violations of rules or regulations promulgated by a state agency or department and incorporated into ordinances, which offenses or violations are not included in the schedule of fines provided in subsection (a) of this section or in the supreme court's extended schedule of fines, and in which cases a defendant may elect to plead guilty before a magistrate; provided that the fines adopted may not be inconsistent with either the fine schedule in subsection (a) of this section or the supreme court's extended schedule of fines and provided that the violations are minor offenses that do not require a court appearance.

(d)

Limitations. No schedule of fines established for use by magistrates pursuant to subsections (b) and (c) of this section shall include any of the following traffic offenses:

(1)

Offenses resulting in personal injury or property damage;

(2)

Operation or actual physical control of any vehicle while intoxicated or under the influence of drugs;

(3)

Reckless driving;

(4)

Felony offenses;

(5)

Operation of a motor vehicle without a license or while license is suspended, revoked or cancelled; and

(6)

Fleeing or attempting to elude police officer.

(e)

Procedure for pleading guilty to non-traffic offense.

(1)

Personal appearance or remittance by mail or hand delivery. Any defendant electing to plead guilty to any non-traffic misdemeanor, municipal ordinance violation or infraction of a rule or regulation promulgated by a state agency or department, which misdemeanor, violation or infraction is listed in a schedule established pursuant to subsections (b) or (c) of this section, must, within seven days of the date of receiving the uniform non-traffic citation and complaint (UNTCC), or, in the discretion of the magistrate, not later than 72 hours before the court date shown on the UNTCC, comply with one of the following requirements:

a.

Appear in person before a magistrate, sign the "plea of guilty—waiver of rights" provision on the UNTCC, and pay the fine, all applicable court costs, and, for misdemeanor offenses, the minimum victim compensation assessment of $25.00; if the defendant chooses this option, the magistrate should retain a copy of the UNTCC; or

b.

Sign the "plea of guilty—waiver of rights" provision on the UNTCC and mail or hand deliver the signed page and payment for the amount of the fine, all applicable court costs, and, for misdemeanor offenses, the minimum victim compensation assessment of $25.00, to the clerk of the court. Remittance by mail or hand delivery of the fine, costs, and victim compensation assessment constitute a guilty plea and wavier of trial, even the if "plea of guilty—waiver of rights" provision on the UNTCC has not been signed by the defendant. If the amount sent is insufficient, then the money received by the clerk shall be considered to be a partial payment of the lawful penalty, and it shall be applied by the clerk to the fine, costs and victim compensation assessment and shall be disbursed as required by law. The clerk may give notice of an insufficiency, and a supplemental summons or warrant of arrest shall be issued for the defendant's arrest, and a judgment shall be entered by the magistrate for the balance due.

(2)

Exception for repeat offenders; mandatory court appearance. If the court has reason to believe that a defendant charged with a scheduled offense is a repeat offender, the court, in its discretion, may require the defendant to appear in court to answer the charged offense, in which case the defendant may not plead guilty before a magistrate.

(3)

Issuance of notice, summons or warrant. If a defendant fails to appear, the court may, in its discretion, issue further notice and, if the offense is contained in a schedule of fines, increase the amount of the fine above the scheduled fine for such an offense or it may issue a supplemental summons or warrant and forfeit bail according to law.

(4)

Fines, court costs, and victim compensation assessments paid to clerk of court; transfer of records from outside the clerks' offices. Fines, court costs and, in misdemeanor cases, victim compensation assessments collected in cases where the defendant pleads guilty shall be paid to the clerk of the court, who shall disburse the funds as provided by law; provided, however, that magistrates serving outside the office of the clerk shall transfer to the office of the clerk all records, including the UNTCC and "plea of guilty—waiver of rights" provision within 48 hours of receiving such records, and that such magistrates shall disburse all fines, court costs and, in misdemeanor cases, victim compensation assessments, in accordance with rules adopted by the administrative director of courts.

(f)

Declaration of approval of uniform non-traffic citation and complaint. The uniform non-traffic citation and complaint, Appendix A to this section, is hereby approved and declared to be sufficient for each of the non-traffic offenses now listed in the supreme court's extended schedule of fines, and those that may be hereafter listed in any subsequent schedules of fines approved by the supreme court or adopted pursuant to subsections (b) and (c) of this section.

(g)

Posting, distributing, and displaying schedule of fines. The municipal court shall post the schedule of fines prescribed in subsection (a) and any schedule established adopted pursuant to subsection (b) or (c) of this section. The schedule shall be distributed by the clerk of the court to all law enforcement agencies and to agencies and departments that will be using the UNTCC and to officers operating within the jurisdiction of the court, and it shall be prominently displayed in the offices of the magistrates and the clerk of court.

(h)

Acceptance of plea as to offense not listed on schedule; contempt. Any magistrate who accepts a defendant's guilty plea as to an offense not listed on a schedule adopted pursuant to this section is subject to the power of the municipal court to punish for criminal contempt.

(i)

Use of uniform non-traffic citation and complaint. The uniform non-traffic citation and complaint (UNTCC) shall serve as the charging instrument in the municipal court and shall be used in regard to all non-traffic municipal ordinance violations and minor misdemeanors (including non-traffic offense charged pursuant to the rules and regulations of a state department or agency) listed on a schedule adopted pursuant to this section. However, in no event shall the UNTCC be used in regard to violations, misdemeanors or infractions of rules and regulations that are based on the use of alcohol or any controlled substance; that are connected with violent acts; or that require restitution to victims of crime.

(j)

Issuance of forms to law enforcement officers. Each law enforcement agency and each agency or department using the UNTCC shall issue copies of the UNTCC for use by each law enforcement officer or each officer who is responsible for the enforcement of the rules and regulations within that agency. Each law enforcement agency and each agency or department using the UNTCC shall obtain its supply of copies of the UNTCC through purchasing and distribution channels prescribed by the administrative director of courts.

APPENDIX A

(Ord. No. 94-1121-1, 4-21-94; Ord. No. 97-1014-4, § 1, 10-14-97)

State law reference

Authority, Rule 20, Ala. R.J. Adm.; summons and complaint, Code of Ala. 1975, § 11-45-9.1.