Defective Uniform Traffic Ticket and Complaint (UTTC) - Missing Mandatory Elements
Alabama Rule 19, Rules of Judicial Administration, prescribes the Uniform Traffic Ticket and Complaint (UTTC) form for all non-felony traffic and parking offenses. The form must contain: officer's signature, sworn complaint language, defendant identification, date/time/location of offense, statutory citation, and court information. Alabama appellate courts have repeatedly held that material defects in a UTTC deprive the court of jurisdiction. In Ex parte City of Dothan, the Alabama Supreme Court emphasized that the complaint must allege essential elements of the offense. If the citation lacks the officer's signature, omits the sworn complaint, fails to specify the ordinance/statute number, or contains an illegible/incorrect location, the citation is jurisdictionally void.
Legal basis
Code of Ala. §12-14-1 (municipal court jurisdiction); Ala. R. Jud. Admin. Rule 19 (UTTC requirements); Ala. R. Crim. P. Rule 2.2 (charging documents); Ex parte City of Dothan, 501 So.2d 1136 (Ala. 1986)
Sample appeal wording
TO: [CITY] MUNICIPAL COURT CLERK RE: Citation No. [CITATION_NUMBER] — [DEFENDANT_NAME] MOTION TO DISMISS — DEFECTIVE CHARGING INSTRUMENT Dear Clerk of Court, I respectfully move this Court to dismiss the above-referenced parking citation under Ala. R. Jud. Admin. Rule 19 and Ala. R. Crim. P. Rule 2.2. The Uniform Traffic Ticket and Complaint issued to me on [DATE] at [LOCATION] is materially defective in the following respects: 1. [SPECIFY DEFECT — e.g., "The citation lacks the issuing officer's signature in the sworn complaint section."] 2. [SPECIFY DEFECT — e.g., "The location field reads only '[VAGUE_LOCATION]', failing to identify a specific address or intersection as required."] 3. [SPECIFY DEFECT — e.g., "No municipal ordinance section is cited; the field marked 'Ordinance' is blank."] Under Ex parte City of Dothan, 501 So.2d 1136 (Ala. 1986), and progeny, a charging instrument that fails to allege the essential elements of the offense is jurisdictionally void. The Alabama Supreme Court has held that a sworn complaint is a prerequisite to municipal court jurisdiction. Because the citation is fatally defective, this Court lacks jurisdiction to adjudicate the alleged violation. I respectfully request that the citation be dismissed and any associated fees vacated. A photograph of the citation is enclosed. Respectfully submitted, [NAME] [ADDRESS] [PHONE] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Code of Alabama 1975, §12-14-1 et seq.
- Alabama Rules of Judicial Administration, Rule 19
- Alabama Rules of Criminal Procedure, Rule 2.2
- Ex parte City of Dothan, 501 So.2d 1136 (Ala. 1986)