The State of Alabama. ABC Enforcement

Transcription

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

2 4-4 Chapter 4 - Page 11 UNIFORM NON-TRAFFIC CITATION AND COMPLAINT The Uniform Non-Traffic Citation and Complaint may be issued for violations approved by the Alabama Supreme Court as stated on the Fine Schedule. If a UNTCC is written for a violation not listed on the Fine Schedule, the block noting a required court appearance must be checked and the Court Clerk must be notified that a court appearance is required. No citation will be issued to a juvenile (a person 17 years of age or younger) for any charge except Minor in Possession of Tobacco Products. In the event an Agent issues a UNTCC to a juvenile under these circumstances, the Agent will attempt to make contact with a parent/guardian of the juvenile as soon as possible. If the UNTCC is used to charge any person older than 18, but under the age of 21, with possession or consuming alcoholic beverages the defendant must be placed in the county jail or released to a parent/guardian, unless breath testing proves that the minor has not consumed alcoholic beverages. Never will an agent release a person under 21 years of age to anyone other than Emergency Medical Personnel, the County Jail, a Juvenile Detention Officer, or a Parent/Guardian if that minor has consumed alcoholic beverages. All UNTCC books will be issued by the District Supervisor in each district. Each Agent assigned a UNTCC Book will sign for this book. Each UNTCC will be accounted for by the Agent. If a UNTCC is voided, it will be clearly marked as VOID and all copies will be maintained in the District Office. If a UNTCC is voided, the Supervisor will notify the Service Bureau Captain, in writing, as to the reason for this voided UNTCC. A copy of the voided citation will accompany the written explanation. Each agent will keep and maintain a record of each UNTCC issued or voided. Each District Supervisor will keep and maintain a record of the UNTCC books and UNTCC numbers issued to each Agent. Distribution of copies: Part one (white) is the original complaint and affidavit that is transmitted to the court. Part two (canary) is the law enforcement copy and is retained by the arresting Agent. Part three (pink) is the defendant's copy which contains the "Plea of Guilty/Waiver of Rights" on the back of the form. When an Agent Issues a UNTCC, 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 Revised 01/02/2008

3 Chapter 4 Page 12 other cases made. The UNTCC shall serve as the case report. A copy of the UNTCC will be forwarded to the Central Enforcement Office by the District Supervisor within five (5) working days. When the case is adjudicated, a case disposition form, along with a copy of the UNTCC, will be sent to the Central Enforcement Office. If an Agent learns, after the issuance of an UNTCC, that the defendant has been previously charged with the same offense, the Agent will contact the District Clerk for additional instructions concerning the citation. If an administrative ticket is written to a licensee and the violation is part of a case where a UNTCC was issued, the Agent will write the UNTCC number in the "Explanation" block of the administrative ticket. Example - "See UNTCC " Revised 01/02/2008

4 4-4(b) Chapter 4 - Page 13 UNTCC Fine Schedule Code Offense Fine Possession of alcoholic beverages purchased on a $250 military base in excess of the legal limit Violation of ABC Board Rules and Regulations. $ A-25(a)(3) Unlawful sale or delivery of alcoholic beverages to $500 a minor by any person, licensee, or the board; unlawful permission by licensee to allow minor to drink, consume, or possess any alcoholic beverage on the licensee's premises. 28-3A-25(a)(6) Refusal by licensee, servants, agents, or employees to $300* allow board, its employees, or any duly commissioned law enforcement officer the right to completely inspect the entire premises during business hours. 28-3A-25(a)(13) Unlawful delivery of alcoholic beverages in vehicles not $200* marked as prescribed by law by any manufacturer, importer, or wholesaler, servant, agent, or employee of the same. 28-3A-25(a)(14) Unlawful sale of alcoholic beverages within a dry county, $250* except in a wet municipality located in a dry county. 28-3A-25(a)(15) Unlawful sale of alcoholic beverages without a license to $250* do so, or to possess alcoholic beverages for sale without a license. 28-3A-25(a)(20) Unlawful sale, consumption, etc. of alcoholic beverages $250 on Sunday, after the hour of 2 o'clock a.m., except where authorized by law. 28-3A-25(a)(21) Knowing permission of sale, consumption, etc., of $250 alcoholic beverages on Sunday after the hour of 2 o'clock a.m. by Proprietor, keeper, or operator of a public place, except where authorized by law Unlawful sale, offer for sale, possession, barter, $250** exchange, etc. of prohibited beverages Unlawful possession of tax-paid alcoholic beverages in $250 a motor vehicle or residence over the quantity allowed by law in a dry county. 13A-12-3 Unlawful sale, barter, exchange, etc. of any cigarettes, $25 cigarette tobacco, cigarette paper or any substitute for either of them to a minor Unlawful sale of any tobacco or tobacco products $250*** without first obtaining a permit to do so. Revised 11/02/2006

5 Code Offense Fine **** Unlawful purchase, use, possession, or transport of tobacco $25 or tobacco products by a minor, except as allowed by law. Chapter 4 - Page 14 Footnotes for fine schedule: * For fines and punishment for 2 nd and subsequent offenses, see 28-3A-25(b)(1), Code of Alabama. ** For fines and punishment for 2 nd and subsequent offenses, see , Code of Alabama. *** For fines for 2 nd and subsequent offenses, see , Code of Alabama. **** Violations of this section are not considered criminal offenses and must be adjudicated administratively by the district or municipal court; therefore, there are no court costs or fees. NOTE: Fines given are for 1 st Offense only. For 2 nd and subsequent Offenses you must mark Court Appearance Required. Revised 11/02/2006