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Failure to Appear Over a Traffic Ticket an Officer Didn't Give?

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Failure to Appear Over a Traffic Ticket an Officer Didn't Give?

Postby bellden » Sun May 27, 2012 5:42 am

About two months ago my mother was stopped by a police officer in our town. He informed her that her headlight was out and told her he would give her a warning and to get it fixed as soon as possible. No papers. Nothing. He got in his car and drove away. (I know verbatim what happened, because I and my fiance were with her that night).

Two months later, she gets a Failure to Appear Notice stating that she owes $200 or an Arrest Warrant will be issued in her name over this violation "Improper Lights."

What can we do about this matter? My mother DID NOT receive a ticket or any sort of paperwork from that officer that night. He gave her a verbal warning and she got it fixed the very next day. We called the Police Department, but they wouldn't tell us when the officer in question would be on so we could get it cleared-up.

What can we do about this?

Btw, we live in Alabama.

Thanks for any help/advice given!
bellden
 
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Joined: Thu Mar 31, 2011 8:19 pm
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Failure to Appear Over a Traffic Ticket an Officer Didn't Give?

Postby adusa37 » Sun May 27, 2012 5:56 am

You need to file a 'Motion for Discovery". Send a letter to the court asking for a copy of the ORIGINAL summons she was issued and any other evidence pertaining to this case.
In the US you are required to know beforehand any evidence used to prosecute.
adusa37
 
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Joined: Fri Apr 01, 2011 6:37 am
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