Transportation and Vehicle Safety: Traffic ticket trial, code of alabama, code of alabama 1975

Question
I started a left turn while the light was yellow, I did not see it turn red while turning, but was pulled over and ticketed for it.  Based on some previous (and kind of loose) research I pleaded not guilty at the initial hearing.

Specific law: Code of Alabama 1975 32-5A-32
http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

I had a trial date, but have received a date-unspecific Motion to Continue from the court based on the officer having other duties that day.

What should I expect with the Motion to Continue?
What should I make sure to bring?

Answer
Hello Orion and welcome to AllExperts!

I just found your question in my spam box for some unknown reason. Please excuse the delay.....

Firstly, This type of violation has more to do with subjective observations than objective. The yellow indicates you must either try to stop, or to continue if stopping would place your vehicle beyond the limit line or into the intersection. This would be based on your speed and distance to the limit line when the light turned yellow. Only you will know which would apply.

Secondly, a motion to continue means to set another date in the future, or in this case, when the court could continue the case with the witness present (officer).

As I am unfamiliar with your court procedures in Alabama, I do not know if the officer is required for the judge to render a verdict. In California, the officer must show, but in the absence of their showing, the case most likely will swing positively towards the defendant. The judge usually will not continue their calendar because an officer cannot be there.

If this is the case in Alabama, then contest the continuance, asking to be adjudicated based on your testimony. If the Officer is allowed to continue the case based on availability, then there is really nothing you can do but wait for a new date to be sent to you.

As to what to bring, I recommend you do some homework in determining whether you could have safely stopped behind the limit line based on your speed (hopefully you were not going over the limit) and distance to the intersection. Please do not test this behind the wheel. Instead, estimate your distance and speed, and then go to this website to ascertain if you could have safely stopped.

http://www.csgnetwork.com/stopdistinfo.html

I hope this helps!

Good luck.

Terry