(a) Whenever any person is arrested for a violation of any provision of this title punishable as a misdemeanor, the arresting officer shall, unless otherwise provided in this section, take the name and address of such person and the license number of his or her motor vehicle, and shall issue a summons or otherwise notify him or her in writing or by an electronic traffic ticket or e-ticket to appear at a time and place to be specified in such summons, notice, or e-ticket.
An electronic traffic ticket or e-ticket, for purposes of this chapter, is defined as a ticket that is generated and printed at the site of a traffic violation after a violation has been electronically transmitted to the court. An arresting officer transfers arrest and licensing information of a violator electronically to the court. The court electronically records the arrest and issues a complaint and summons or notice to appear, which is printed at the site of the offense, and given to the violator.
The person arrested, if he or she so desires, shall have a right to an immediate hearing or a hearing within 24 hours at a convenient hour before a magistrate within the county or city where such offense was committed, or if an e-ticket is written, the person shall have a right, if he or she desires, to an immediate hearing or a hearing within 24 hours at a convenient hour before any magistrate within this state. Except when an arresting officer cites a person with an e-ticket, the officer shall, upon the giving by such person of a sufficient written bond, approved by the arresting officer, to appear at such time and place, forthwith release the person from custody.
Except when an arresting officer cites a person with an e-ticket, a person refusing to give bond to appear shall be taken immediately by the arresting officer before the nearest or most accessible magistrate. When an e-ticket is used by an arresting officer, a person shall be deemed to have given his or her written bond to appear in court on the date as specified on the e-ticket.
Any person who willfully violates his or her written bond by failing to timely appear shall be guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.
(b) The provisions of this section shall not apply to any person arrested and charged with an offense causing or contributing to an accident resulting in injury or death to any person nor to any person charged with driving while under the influence of intoxicating liquor or of narcotic or other drugs nor to any person whom the arresting officer shall have good cause to believe has committed any felony, and the arresting officer shall take such person forthwith before the nearest or most accessible magistrate.
(c) Any officer violating any of the provisions of this section shall be guilty of misconduct in office and shall be subject to removal from office.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §52; Acts 1949, No. 517, p. 754, §16; Act 2006-579, p. 1522, §1.)
Notes of Decisions
Cited in
24
cases (
1 in the last 5 years), 1983–2023 · leading case:
State v. Jenkins, 3 A.3d 806 (Conn. 2010).
State v. Jenkins, 3 A.3d 806 (Conn. 2010).
· cites it 4× “[6] See Ala.Code § 32-1-4 (Cum.Sup.2009) ("[e]xcept when an arresting officer cites a person with an [electronic ticket], the officer shall, upon the giving by such person of a sufficient written bond, approved by the arresting officer, to appear at such time and place,…”
State v. McPherson, 892 So. 2d 448 (Ala. Crim. App. 2004).
· cites it 7× “"With certain limited exceptions enumerated in subsection (b), and not here applicable, Ala.Code 1975, § 32-1-4 prohibits traditional custodial arrests for misdemeanor traffic offenses where the offender is willing to sign the UTTC.”
Strickland v. City of Dothan, AL, 399 F. Supp. 2d 1275 (M.D. Ala. 2005).
· cites it 2× “14 Summers then arrested Strickland for driving under the influence of alcohol (“DUI”), 1975 Alabama Code § 32-5A-191(a)(2), and issued citations for DUI as well as for driving without headlights, 1975 Alabama Code § 32-1-4, and for an ‘open container’ violation, 1975 Alabama…”
State v. Bayard, 71 P.3d 498 (Nev. 2003).
“(citing Ala. Code § 32-1-4 (1999); Cal. Veh. Code Ann.”
Camp v. State, 983 So. 2d 1141 (Ala. Crim. App. 2007).
“In reversing the trial court's order denying Peters's motion to suppress evidence that resulted in his arrest, which was gathered during a search of Peters's vehicle, this Court set forth the parameters of a seizure when police have no evidence of a crime other than the traffic…”
Smith v. State, 953 So. 2d 445 (Ala. Crim. App. 2006).
· cites it 3× “At' the time of the traffic stop, § 32-1-4 provided: "(a) Whenever any person is arrested for a violation of any provisions of this title punishable as a misdemeanor, the arresting officer shall, unless otherwise provided in this section, take the name and address of such person…”
Gouin v. State, 581 So. 2d 1279 (Ala. Crim. App. 1991).
“See § 32-1-4. In this case, the custodial arrest was authorized and justified because the appellant refused to sign the traffic ticket.”
Johnson v. State, 256 So. 3d 684 (Ala. Crim. App. 2014).
“§ 32-1-4, Ala.Code 1975. During the penalty phase, Peter Fulmer, a lieutenant with the Pelham Police Department, testified that, until a ticket is signed, the person who is receiving the ticket is "not free to leave.”
McDaniel v. State, 526 So. 2d 642 (Ala. Crim. App. 1988).
“1987), and that arrest must be ‘lawful’ within the meaning of § 32-1-4.” See also, Sheffield v. State, 522 So.”
Richardson v. State, 446 So. 2d 662 (Ala. Crim. App. 1983).
· cites it 2× “I The appellant first contends that his initial arrest was unlawful under the provisions of Code of Alabama 1975, § 32-1-4, which provides that upon being arrested for a traffic violation, a person shall be released from custody upon giving written bond unless that person is…”
Kirkland v. State, 562 So. 2d 634 (Ala. Crim. App. 1989).
· cites it 2× “III In his pretrial motions to dismiss filed in both district court and circuit court, the defendant did not specifically object to his failure to be brought before a magistrate as required by Ala.Code 1975, § 32-1-4. Therefore, not only has that issue been waived, but such…”
JTC v. State, 990 So. 2d 444 (Ala. Crim. App. 2008).
· cites it 3× “Moreover, "[w]ith certain limited exceptions enumerated in subsection (b), and not here applicable, Ala.Code 1975, § 32-1-4 prohibits traditional custodial arrests for misdemeanor traffic offenses where the offender is willing to sign the [uniform traffic ticket and complaint].”
— Ala. Code § 32-1-4(a) — 6 cases
State v. McPherson, 892 So. 2d 448 (Ala. Crim. App. 2004).
“"With certain limited exceptions enumerated in subsection (b), and not here applicable, Ala.Code 1975, § 32-1-4 prohibits traditional custodial arrests for misdemeanor traffic offenses where the offender is willing to sign the UTTC.”
Camp v. State, 983 So. 2d 1141 (Ala. Crim. App. 2007).
“In reversing the trial court's order denying Peters's motion to suppress evidence that resulted in his arrest, which was gathered during a search of Peters's vehicle, this Court set forth the parameters of a seizure when police have no evidence of a crime other than the traffic…”
JTC v. State, 990 So. 2d 444 (Ala. Crim. App. 2008).
“Moreover, "[w]ith certain limited exceptions enumerated in subsection (b), and not here applicable, Ala.Code 1975, § 32-1-4 prohibits traditional custodial arrests for misdemeanor traffic offenses where the offender is willing to sign the [uniform traffic ticket and complaint].”
— Ala. Code § 32-1-4(b) — 1 case
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