Ala. R. Jud. Admin. 20
Rule 20. Magistrates' fine schedule and procedure if defendant elects to plead guilty in district court or municipal court
ALABAMA RULES OF JUDICIAL ADMINISTRATION
Rule 20.
Magistrates’ fine schedule and procedure if defendant elects to plead guilty
in district court or municipal court.
(Note: If a municipality does not have a municipal court, and a person charged
with a municipal-ordinance violation listed on a schedule included in, attached as
an appendix to, or adopted pursuant to this rule elects to plead guilty, the district-court schedule of fines shall apply.)
(A) Schedule of fines for traffic offenses. If a defendant in a district-court or
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 this schedule shall
apply:
OFFENSES
FINES
Allowing child under the age of 16 to operate motor vehicle
$50
Bicycle - no lamps or reflector
$20
Blocking highway
$30
Casting a light from a public road (nuisance spotlighting)
$100
Clinging to vehicle
$20
Coasting
$20
Crossing a fire hose
$50
Disobeying traffic control devices on a controlled-access highway
$20
Driving on beach or sand dunes
$100
Driving on wrong side of road
$30
Driving through or around a barricade/fence/warning sign/detour
sign
$20
Driving under the minimum speed
$20
Driving upon sidewalk
$20
Driving with vision obscured
$20
Entering highway closed by state trooper
$20
Expired license
$20
Expired tag
$20
Failure to affix tinting-compliance label
$20
Failure to dim headlights
$10
Failure to display flare or warning devices
$20
Failure to exercise care
$20
Failure to move over or reduce speed when approaching enforcement
or emergency vehicles
$200
Failure to move to the right upon approach of emergency vehicle
$50
Failure to obey pedestrian-control signals
$20
Failure to obey the instructions of any official traffic-control device
$20
Failure to stop at railroad crossing
$10
Failure to stop when emerging from alley, driveway, or building
$20
Failure to use child restraint
$25
Failure to wear safety belt
$25
Failure to yield right-of-way
$20
Failure to yield to emergency vehicle
$50
Following emergency vehicle
$50
Following too closely
$20
Hitchhiking
$10
Impeding the flow of traffic
$20
Improper access to controlled-access roadway
$20
Improper backing
$20
Improper brakes
$20
Improper horn
$20
Improper lane change
$20
Improper lane usage
$20
Improper length/width of a motor bus
$100
Improper lights
$20
Improper motorcycle operation
$20
Improper muffler
$10
Improper or no rearview mirror
$20
Improper passing
$20
Improper passing on a motorcycle
$20
Improper riding of a bicycle on a roadway
$20
Improper signal
$10
Improper stopping or parking on or in highway (general)
$30
Improper stopping, standing, or parking in specified places
$30
Improper stopping, standing, or parking outside of business or
residence
$30
Improper tag
$25
Improper tag classification
$25
Improper tires
$20
Improper turn
$20
Improper use of clearly indicated divided highway
$30
Improper window tinting
$20
Improperly driving over the center line of a four-lane roadway
$20
Improperly opening and closing vehicle doors
$20
Insurance - allowing the operation of a vehicle without insurance
$50
Insurance - display of invalid insurance
$50
Insurance - failure or refusal to display
$50
Insurance - operating a vehicle the registration of which is
suspended
$50
Insurance - operating a vehicle without insurance
$50
Littering highway
$100
Making a U-turn
$20
Motorcycle - no shoes
$10
No CD license
$100
No flag, flares, or other warning device
$20
No helmet (motorcycle rider)
$10
No motorcycle endorsement
$20
No permit (oversized width, height, length)
$100
No plainly visible tag
$50
No red or orange flag or red light or amber strobe
$20
No reflect device on slow-moving vehicles
$20
No reflectors on tractor
$20
Obstructing driver's view
$20
Operating a motor vehicle in a distracted manner
$50
Operating a motor vehicle without a driver's license
$25*
Overweight/overheight/overlength truck
$100
Parking more than 18 inches from curb
$30
Pedestrian entering or remaining on bridge or railroad crossing
$20
Pedestrian on highway
$10
Pedestrians not yielding to authorized emergency vehicles
$10
Refusal to weigh
$300
Riding in house trailer
$20
Running red light
$20
Running stop sign
$20
Shifting load
$25
Slowing or stopping without a proper signal
$20
Speeding:
Less than 25 MPH over posted speed limit
$20
25 MPH or more over posted speed limit
$40
Speed - exceeding reasonable and prudent
$20
Spilling load
$25
Stopping on highway
$30
Switched personalized license plates
$100
Texting while driving
$25
Towing or hauling a disabled vehicle
$50
Unattended motor vehicle
$25
Unloading logs, lumber, etc., on or near highway
$25
Violating driver's license restriction or endorsement
$10*
Violating oversized-load permit
$100
CONSTRUCTION ZONE OFFENSES
Allowing child under the age of 16 to operate motor vehicle
$250
Bicycle - no lamps or reflector
$250
Blocking highway
$250
Casting a light from a public road (nuisance spotlighting)
$250
Clinging to vehicle
$250
Coasting
$250
Crossing a fire hose
$250
Disobeying traffic control devices on a controlled-access highway
$250
Driving on beach or sand dunes
$250
Driving on wrong side of road
$250
Driving through or around a barricade/fence/warning sign/ detour
sign
$250
Driving under the minimum speed
$250
Driving upon sidewalk
$250
Driving with vision obscured
$250
Entering highway closed by state trooper
$250
Expired license
$250
Expired tag
$520
Failure to affix tinting-compliance label
$250
Failure to dim headlights
$250
Failure to display flare or warning devices
$250
Failure to exercise care
$250
Failure to move over or reduce speed when approaching enforcement
or emergency vehicles
$250
Failure to move to the right upon approach of emergency vehicle
$250
Failure to obey pedestrian-control signals
$250
Failure to obey the instructions of any official traffic-control device
$250
Failure to stop at railroad crossing
$250
Failure to stop when emerging from alley, driveway, or building
$250
Failure to use child restraint
$250
Failure to wear safety belt
$250
Failure to yield right-of-way
$250
Failure to yield to emergency vehicle
$250
Following emergency vehicle
$250
Following too closely
$250
Hitchhiking
$250
Impeding the flow of traffic
$250
Improper access to controlled-access roadway
$250
Improper backing
$250
Improper brakes
$250
Improper horn
$250
Improper lane change
$250
Improper lane usage
$250
Improper length/width of a motor bus
$250
Improper lights
$250
Improper motorcycle operation
$250
Improper muffler
$250
Improper or no rearview mirror
$250
Improper passing
$250
Improper passing on a motorcycle
$250
Improper riding of a bicycle on a roadway
$250
Improper signal
$250
Improper stopping or parking on or in highway (general)
$250
Improper stopping, standing, or parking in specified places
$250
Improper stopping, standing, or parking outside of business or
residence
$250
Improper tag
$250
Improper tag classification
$250
Improper tires
$250
Improper turn
$250
Improper use of clearly indicated divided highway
$250
Improper window tinting
$250
Improperly driving over the center line of a four-lane roadway
$250
Improperly opening and closing vehicle doors
$250
Insurance - allowing the operation of a vehicle without insurance
$250
Insurance - display of invalid insurance
$250
Insurance - failure or refusal to display
$250
Insurance - operating a vehicle the registration of which is
suspended
$250
Insurance - operating a vehicle without insurance
$250
Littering highway
$250
Making a U-turn
$250
Motorcycle - no shoes
$250
No CD license
$250
No flag, flares, or other warning device
$250
No helmet (motorcycle rider)
$250
No motorcycle endorsement
$250
No permit (oversized width, height, length)
$250
No plainly visible tag
$250
No red or orange flag or red light or amber strobe
$250
No reflect device on slow-moving vehicles
$250
No reflectors on tractor
$250
Obstructing driver's view
$250
Operating a motor vehicle without a driver's license
$250*
Overweight/overheight/overlength truck
$250
Parking more than 18 inches from curb
$250
Pedestrian entering or remaining on bridge or railroad crossing
$250
Pedestrian on highway
$250
Pedestrians not yielding to authorized emergency vehicles
$250
Refusal to weigh
$250
Riding in house trailer
$250
Running red light
$250
Running stop sign
$250
Shifting load
$250
Slowing or stopping without a proper signal
$250
Speeding:
Less than 25 MPH over posted speed limit
$250
25 MPH or more over posted speed limit
$250
Speed - exceeding reasonable and prudent
$250
Spilling load
$250
Stopping on highway
$250
Switched personalized license plates
$250
Texting while driving
$250
Towing or hauling a disabled vehicle
$250
Unattended motor vehicle
$250
Unloading logs, lumber, etc., on or near highway
$250
Violating driver's license restriction or endorsement
$250*
Violating oversized-load permit
$250
*This amount does not include the $50 penalty imposed pursuant to § 32-6-18 and
§ 32-6-19, Ala. Code 1975.
(B) District court schedule of fines. Any district court, by action of the
majority of the judges thereof, and subject to the limitations imposed in section (D),
may adopt, in whole or in part, the Supreme Court's extended schedule of fines
appearing as Appendix B to this rule, and the schedule adopted by the district court
shall apply in municipal-ordinance-violation cases, state-law-violation cases (i.e.,
cases involving offenses for which a sentence of imprisonment not in excess of 30
days may be imposed (see § 13A-1-2(2), Ala. Code 1975)), and misdemeanor
cases, including cases charging the violation of a rule or regulation promulgated
by a state agency or department, not included in the schedule set out in section
(A), wherein a defendant elects to plead guilty before a magistrate to a
misdemeanor, a state-law violation, a municipal-ordinance violation, or other
violation listed in the schedule. Provided, that in no event shall the schedule of
fines include violations or misdemeanors involving the use or consumption of
alcoholic beverages or any controlled substance, violations or misdemeanors
connected with violent acts, or violations or misdemeanors requiring restitution to
victims of crime.
If the district court adopts the Supreme Court's extended schedule of fines,
in whole or in part, the district court may subsequently, by action of the majority of
the district judges, omit from its local schedule of fines any particular offense listed
on the Supreme Court's extended schedule of fines or it may reject the Supreme
Court's extended schedule of fines in its entirety.
Any district court, by action of the majority of the judges thereof, and subject
to the limitations imposed in section (D), may adopt a local schedule of fines for
other misdemeanors, state-law violations, municipal-ordinance violations, or
violations of rules or regulations promulgated by a state agency or department, not
included in section (A) and not included in the Supreme Court's extended schedule
of fines, or, as to a particular offense, may set a fine amount different from that
contained in the Supreme Court's extended schedule of fines. This local schedule
shall apply if a defendant elects to plead guilty before a magistrate to a
misdemeanor or violation listed in the schedule. Provided, however, that any local
schedule that lists additional offenses or sets different fine amounts shall not be
effective until it has been approved by the Alabama Supreme Court. The presiding
district judge shall submit the local fine schedule listing other offenses or setting
different fine amounts to the clerk of the Supreme Court, who shall present it to the
Supreme Court for approval.
Any district court adopting a local fine schedule pursuant to this rule,
whether it adopts the Supreme Court's schedule of fines, in whole or in part, or
adopts a different schedule permitted by this rule, shall submit a copy of its
schedule (or schedules) to the Administrative Office of Courts, and the district court
shall maintain the original on file in the court clerk's office. Any district court
rejecting the Supreme Court's extended schedule of fines in its entirety shall notify
the Administrative Office of Courts of this fact, furnishing the administrative director
of courts a copy of the document indicating that action; the district court shall
maintain the original document in the court clerk's office. The clerk of the court shall
distribute copies to the county sheriff, all chiefs of police for municipalities located
within the county, and the state-trooper office located within the county for display
in a conspicuous place, and the clerk shall post the schedule (or schedules) in a
conspicuous place. (See section (G), “Posting, Distributing, and Displaying
Schedule of Fines.”)
(C) Municipal-court schedule of fines. Any municipality having a municipal
court may, by ordinance, adopt, in whole or in part, the Supreme Court's extended
schedule of fines appearing as Appendix B to this rule, and the schedule adopted
shall apply in municipal-ordinance-violation cases or cases charging the violation
of a rule or regulation promulgated by a state agency or department and
incorporated in municipal ordinances, not included in the schedule set out in
section (A), wherein a defendant elects to plead guilty before a magistrate to a
misdemeanor or violation listed in the schedule. If a municipality adopts 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 of or all
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 section shall be subject to the
limitations imposed in section (D), and provided further that in no event shall the
schedule of fines include municipal-ordinance violations or other violations or
misdemeanors incorporated by reference into ordinances involving the use or
consumption of alcoholic beverages or any controlled substance, municipal-ordinance violations or other violations or misdemeanors incorporated by
reference into ordinances connected with violent acts, or municipal-ordinance
violations or other violations or misdemeanors incorporated by reference into
ordinances requiring restitution to victims of crime.
A municipality having a municipal court may, by ordinance, and subject to
the limitations imposed in section (D) and subject to the limitations that the
schedule of fines not include violations or misdemeanors involving the use or
consumption of alcoholic beverages or any controlled substance, violations or
misdemeanors connected with violent acts, or violations or misdemeanors
requiring restitution to victims of crime, adopt a local schedule of fines for
municipal-ordinance violations or 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 section (A) or in the
Supreme Court's extended schedule of fines, and as to which a defendant may
elect to plead guilty before a magistrate. Provided, that the fines adopted may not
be inconsistent with either the fine schedule set out in section (A) or the Supreme
Court's extended schedule of fines and provided that the included violations are
offenses that do not require a court appearance.
(D) Limitations.
(1)
No schedule of fines established for use by magistrates
pursuant to section (B) or (C) shall include any of the following traffic offenses:
(a)
Operating or being in actual physical control of any vehicle or
vessel while intoxicated or under the influence of drugs;
(b)
Reckless driving;
(c)
Felony offenses;
(d)
Operating a motor vehicle while one's driver's license is
suspended, revoked, or canceled;
(e)
Fleeing or attempting to elude a police officer;
(f)
Racing on the highway;
(g)
Operating or driving a commercial vehicle after the vehicle or
driver has been placed “out of service” by a law-enforcement
officer; and
(h)
Offenses that carry a penalty that includes mandatory
incarceration.
(2)
Notwithstanding that the particular misdemeanor or violation
with which the defendant is charged is listed on a schedule adopted pursuant to
this rule, that schedule shall have no application to the defendant's case if the
offense charged resulted in personal injury or property damage.
(E) Procedure for pleading guilty to nontraffic offense.
(1)
PERSONAL APPEARANCE OR REMITTANCE BY MAIL OR
HAND DELIVERY. Any defendant electing to plead guilty to any nontraffic
misdemeanor, state-law violation, municipal-ordinance violation, or violation of a
rule or regulation promulgated by a state agency or department, which
misdemeanor or violation is listed in a schedule established pursuant to section
(B) or (C), must, within 7 days of the date of receiving the Uniform Nontraffic
Citation and Complaint (“the 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 a misdemeanor offense in the district
court, the minimum victim-compensation assessment of $25; in the
event 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 to the clerk of the court the signed
page and payment for the amount of the fine, all applicable court
costs, and, for a misdemeanor offense in the district court, the
minimum victim-compensation assessment of $25. Remittance by
mail or hand delivery of the fine, costs, and victim-compensation
assessment constitutes a guilty plea and waiver of trial, even if the
“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.
(c)
Pay the amount of the fine and costs by credit card or bank
transfer to the clerk of court, magistrate, or any repository for
payment established by the Administrative Office of Courts.
Remittance of the fines and costs by credit-card payment or bank
transfer constitutes a guilty plea and waiver of trial, whether or not
the "Plea of Guilty/Waiver of Rights" is signed by the defendant.
Should the amount tendered be insufficient, such money received by
the magistrate, clerk, or other designated officer shall be considered
to be a partial payment of the lawful penalty, applied by the clerk to
the fines and costs and disbursed as required by law. The clerk may
give notice of such insufficiency by first-class mail to the defendant
at the address contained on the UNTCC, 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 of court for
the balance of the penalty 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 CLERK'S OFFICE. Fines, court costs, and, in misdemeanor
cases in the district court, 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 clerk shall transfer to the office of the clerk all records, including
the UNTCC and the signed “Plea of Guilty/Waiver of Rights” provision, within 48
hours of receiving those records, and the clerk of court shall disburse all fines,
court costs, and, in misdemeanor cases in the district court, victim-compensation
assessments, in accordance with rules adopted by the Administrative Director of
Courts.
(F)
Declaration of approval of Uniform Nontraffic Citation and Complaint.
The UNTCC, appearing as Appendix A to this rule, is hereby approved and
declared to be sufficient for each of the nontraffic offenses listed in the Supreme
Court's extended schedule of fines and for those offenses listed in any schedule
of fines approved by the Supreme Court or adopted pursuant to sections (B) and
(C). The use of an electronic version of the UNTCC, as approved by the
Administrative Director of Courts, containing substantially the same information as
that found on the UNTCC appearing as Appendix A to this rule is declared to be
sufficient.
(G)
Posting, Distributing, and displaying schedule of fines. Each court
clerk shall post, in a conspicuous place, the schedule of fines prescribed in section
(A) and any schedule adopted pursuant to section (B) or (C). The schedule shall
be distributed by the clerk of the court to all law-enforcement agencies, including
municipal police departments, and to state agencies and departments that will use
the Uniform Traffic Ticket and Complaint and the UNTCC and to officers operating
within the jurisdiction of the court, and it shall be prominently displayed in the
offices of 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 rule is subject to the power of the district
court or the municipal court to punish for criminal contempt.
(I)
Use of Uniform Nontraffic Citation and Complaint. If a law-enforcement officer chooses to cite and release the defendant for a misdemeanor
or violation listed in a schedule of fines adopted pursuant to this rule, the UNTCC
or the electronic version of the UNTCC shall serve as the charging instrument.
However, in no event shall the UNTCC or the electronic version of the UNTCC be
used in regard to an offense listed in section (D) or in regard to a violation or a
misdemeanor that is based on the use or consumption of alcoholic beverages or
any controlled substance, that is connected with a violent act, or that requires
restitution to a victim of crime.
(J)
Issuance of forms to law enforcement officers. Each law-enforcement agency and each agency or department of the state using the UNTCC
shall issue copies of the UNTCC to 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 of the state
using the UNTCC shall be responsible for printing paper-ticket books. The
electronic version of the UNTCC will be distributed by the Administrative Office of
Courts.
(K)
Accountability for Uniform Nontraffic Citation and Complaint.
(1)
LAW-ENFORCEMENT AGENCIES. Each law-enforcement agency
and each agency or department of the state using the UNTCC or the electronic
version of the UNTCC shall be responsible for the proper accounting and use of
all tickets stocked by that agency. Each law-enforcement officer issuing a UNTCC
shall complete and sign the UNTCC, serve a copy of the completed UNTCC upon
the defendant, and, without unnecessary delay, normally within 48 hours,
acknowledge under oath the facts alleged therein before any person within the
judicial branch of government who is authorized by the State of Alabama to
administer oaths and file copies of the UNTCC with the court having jurisdiction
over the alleged offense. Electronic versions of the UNTCC may be electronically
transmitted to and filed with the court of appropriate jurisdiction. If an electronic
UNTCC is used, both the law-enforcement officer and the person administering the
oath may use an electronic signature and verification process approved by the
Administrative Director of Courts when swearing to and verifying electronic
UNTCCs.
(2)
COURTS. The presiding circuit judge, other judge, or clerk of
each court shall designate personnel to be responsible for accounting for all tickets
used in such court. The designated personnel shall be responsible for the proper
disposition and accounting of such tickets and shall cause to be prepared and
submitted such records and reports relating to the tickets as may be requested by
the Administrative Director of Courts.
(L) Electronic filing of guilty pleas and orders. Judges, clerks, and
magistrates may utilize an electronic filing system managed and operated by the
Administrative Office of Courts to accept pleas of guilty and/or to enter orders in
nontraffic cases that have been initiated by the filing of a UNTCC or an electronic
version of the UNTCC.
[Amended 11-9-76; Amended 6-5-79, eff. 8-1-79; Amended 11-6-79, eff. 1-1-80;
Amended 9-28-87, eff. 10-1-87; Amended 7-1-94; Amended12-6-94, eff. 4-1-95;
Amended 10-10-95, eff. 12-1-95; Amended 8-1-97; eff. 8-1-97; Amended eff. 910-
97; Amended eff. 3-1-2001; Amended eff. 1-4-2006; amended eff. 11-9-2006;
Amended 7-13-2012; Amended 11-26-2012; Amended eff. 1-30-2020; Amended
eff. 12-17-2021; Amended 6-18-2024.]
Comment to Rule 20 as Adopted Effective October 1, 1987
Rule 20, which establishes a schedule of fines magistrates are required to
use when accepting guilty pleas to any of the listed offenses, is an amended
version of the schedule previously included in Rules 18 and 19, ARJA. The
schedule is now included in a separate rule under the specific heading “Magistrates
Fine Schedule” to clearly establish the fine to be imposed by magistrates for the
scheduled offenses.
Under the amended schedule, the fine for most offenses has been
increased and the offense of “improper tag” has been included.
Subdivisions (B) and (C) provide procedures by which district and municipal
courts may adopt a schedule of fines for other traffic and nontraffic offenses which
may be disposed of by magistrates. However, specific provision is made in
subdivision (A) to exclude certain serious offenses from such schedules. With the
exception of “attempting to elude a police officer” and “aggravated speeding,” these
excluded offenses were originally included in Rule 19(B)(2)(b)(i), ARJA.
Subdivision (B) also provides that any person who may be entitled to
youthful offender status or juvenile treatment may not plead guilty to a nontraffic
misdemeanor offense before a magistrate. This is to ensure that such persons do
not involuntarily relinquish their rights. No similar provision exists for traffic
offenses, since juveniles 16 years and older are not entitled to be tried as juveniles
unless transferred by a municipal or district court judge. Since the attorney general
has ruled that the Youthful Offender Act does not apply to DUI cases or to municipal
ordinance violations, most defendants charged with violating traffic laws are not
entitled to youthful offender treatment.
The offense of speeding is subclassified as “aggravated” and
“unaggravated” and these terms are defined in the rule to conform with the point
schedule established by the Department of Public Safety.
Subdivision (D) provides that any defendant pleading guilty before a
magistrate to a scheduled offense must complete a guilty plea and waiver form
approved by the AOC.
Subdivision (E) requires the clerk to distribute fine schedules to law
enforcement agencies and display the schedules in their offices.
Subdivision (F) of the rule includes a penalty provision subjecting
magistrates who accept guilty pleas for offenses not covered by a fine schedule to
the court’s criminal contempt power.
Comment to Rule 20 as Amended Effective July 1, 1994.
The amendments to Rule 20 effective July 1, 1994, make substantial
changes with regard to fine schedules in the district and municipal courts and also
adopt a new procedure for handling certain municipal ordinance violations and
minor misdemeanors listed in the Supreme Court’s extended schedule of fines or
in a municipal court schedule of fines.
The title of this Rule was changed to read “Magistrates’ Fine Schedule and
Procedure if Defendant Elects to Plead Guilty.”
The amendment to subsection (A), the schedule of fines for traffic
infractions, added the offenses of failure to wear safety belt, failure to use child
restraint, improper backing, improper or no rearview mirror, improper tires, no
driver’s license in possession, and violating a driver’s license restriction.
The amendment abolished the distinction between aggravated and
unaggravated speeding so that all speeding cases may be disposed of by the
procedure in this rule.
The seven offenses previously listed at the end of subsection (A) as those
offenses that should not be included in schedules adopted pursuant to subsections
(B) and (C), were moved to new subsection (D).
The amendments to subsection (B) provide that a district court, by action of
the majority of the judges thereof, may adopt the “Supreme Court’s extended
schedule of fines” (the list of fines approved by the Supreme Court, attached as
Appendix B), in whole or in part for use by magistrates in receiving pleas of guilty
for those offenses listed in the extended schedule.
If the district court elects not to adopt the extended schedule of fines in
whole or in part, then the amendment to subsection (B) also allows a district court
to adopt its own local schedule of fines or to propose fine amounts different from
those contained in the Supreme Court’s extended schedule of fines. If either of
these options is chosen, the majority of the judges must act on the proposal and it
must be approved by the Supreme Court. The amendment further provides that a
district court may subsequently include in its schedule of fines, or exclude from it,
any listed offense.
The portion of subsection (B) providing that summary disposition shall not
be available to juveniles and youthful offenders was deleted because the attorney
general has since ruled that the Youthful Offender Act may be applied in municipal
ordinance violation cases; however, the attorney general has also ruled that a court
is not required to advise a person that he or she is eligible for youthful offender
status in those cases.
The amendment to subsection (C) provides that a municipality, by
ordinance, may adopt the Supreme Court’s extended schedule of fines in whole or
in part. If the municipality subsequently elects to include or exclude any of the
offenses, it may do so by ordinance. This subsection also gives the municipality
the option to adopt its own local fine schedule, without the necessity of Supreme
Court approval, so long as the fines are consistent with the Supreme Court’s
extended schedule of fines and the offenses do not require a court appearance.
Subsection (E) provides that any defendant electing to plead guilty before a
magistrate to any nontraffic misdemeanor or municipal ordinance violation listed in
schedules established pursuant to subsections (B) or (C) must, within the time
limits (1) personally appear before the magistrate, signing the “Plea of Guilty-
Waiver of Rights” section on the UNTCC and paying the fine, costs, and, in
misdemeanor cases, the minimum victim compensation assessment required by §
15-23-17(b), Ala.Code 1975, or (2) sign the “Plea of Guilty-Waiver of Rights”
provision on the form, and send in the fine, court costs, and, in misdemeanor
cases, the minimum victim compensation assessment, by mail or by hand delivery.
At any time, if the court has reason to believe that a defendant is a repeat
offender, the court may require that the defendant appear in court.
Subsection (F) provides for the new “Uniform Non-Traffic Citation and
Complaint” (“UNTCC”), found in Appendix A to this Rule. This form was developed
to implement the provisions of Rule 4.3, Ala.R.Crim.P., which provides that law
enforcement officers may issue a citation or a summons in lieu of taking a
defendant into custody.
The UNTCC is designed as the instrument for charging a person with a
nontraffic municipal ordinance violation, a “minor misdemeanor,” or an infraction of
a rule or regulation promulgated by a state agency or department, listed in the
Supreme Court’s extended schedule of fines or listed in local fine schedules
authorized in subsections (B) and (C). The UNTCC gives the accused the option
of posting a bond in a certain amount and promising to appear before a magistrate,
or mailing the fine, any court costs, and any crime victim’s assessment to the clerk
by a specified time.
It is envisioned that utilizing the UNTCC and the mail-in procedure will
reduce court appearances for defendants cited for minor violations of the law,
thereby resulting in a saving of court time and expense. Additionally, this process,
when dealing with nonresident offenders, should assure more effective collection
of fines, costs, and crime victim’s assessments.
Subsection (E) was relettered (G) and subsection (F) was relettered (H).
Subsection (I) mandates that the UNTCC be used as the charging
instrument in all courts of the State for all scheduled nontraffic municipal ordinance
violations and minor misdemeanors, as well as for any regulations or rules of a
state department or agency.
Subsection (J) provides that each law enforcement agency or agency of the
state using the UNTCC must issue the UNTCC forms for use by each officer in that
agency or department. The administrative director of courts is authorized to
prescribe purchasing and distribution channels for the UNTCC.
Comment to Rule 20 as Amended Effective August 1, 1997
The amendment to Rule 20(D)(1) removes the offense of “operating a motor
vehicle without a driver’s license” from the list of offenses that require a mandatory
court appearance; the amendment to Rule 20(A) adds that offense to the list of
offenses that do not require a court appearance and as to which a magistrate may
accept a plea of guilty and payment of the fines and costs by mail. The amendment
to Rule 20(A) also adds to the list of offenses stated there the offense of “improper
window tinting.” See § 32-5C-1 et seq., Ala.Code 1975. The amendment to Rule
20(D) also restructures section (D) into a more logical arrangement; specifically, it
makes the introductory sentence a part of subsection (D)(1).
Note from the reporter of decisions: The order amending Rule 20,
effective March 1, 2001, is published in that volume of Alabama Reporter that
contains Alabama cases from 782 So. 2d
Note from the reporter of decisions: The order amending Rule 20(A) and
Appendix B to Rule 20, effective January 4, 2006, is published in that volume of
Alabama Reporter that contains Alabama cases from 917 So. 2d.
Note from the reporter of decisions: The order amending Rule 16, Rule
18, Rule 19, Rule 20, Appendix B to Rule 20, Rule 30, and Rule 31, effective
November 9, 2006, is published in that volume of Alabama Reporter that contains
Alabama cases from 944 So. 2d.
Note from the reporter of decisions: The order amending Rule 20,
effective July 13, 2012, is published in that volume of Alabama Reporter that
contains Alabama cases from 90 So. 3d.
Note from the reporter of decisions: The order amending Rule 20(A),
effective November 26, 2012, is published in that volume of Alabama Reporter that
contains Alabama cases from 100 So. 3d.
Note from the reporter of decisions: The order amending Rule 20(A) and
Appendix B to Rule 20, effective January 30, 2020, is published in that volume of
Alabama Reporter that contains Alabama cases from 287 So. 3d.
Note from the reporter of decisions: The order amending Rule 20(A) and
the appendix to Rule 32.1, effective December 16, 2021, is published in that
volume of Alabama Reporter that contains Alabama cases from __ So. 3d.
Note from the reporter of decisions: The order amending Rule
20(A), effective June 18, 2024, is published in that volume of Alabama
Reporter that contains Alabama cases from __ So. 3d.
Note from the reporter of decisions: The order amending Rule
20(A) and Rule 20B(f), effective October 1, 2024, is published in that volume
of Alabama Reporter that contains Alabama cases from __ So. 3d.