Alabama § 33-5-66.1 - Appearance Upon Arrest for an Offense Committed on the Waters of the State.

§ 33-5-66.1. Appearance Upon Arrest for an Offense Committed on the Waters of the State.

(a) For purposes of this section, an electronic boating traffic ticket, or “e-ticket,” is defined as a ticket that is generated and printed at the site of an offense committed on the waters of this state, as defined under Section 33-5-3, after the violation has been electronically transmitted to the court.

(b) When any person is arrested for an offense committed on the waters of this state, the arresting officer, unless otherwise provided in this section, shall take the name and address of the person and registration information of his or her vessel and issue a summons or otherwise notify the person in writing or by an e-ticket to appear at a time and place to be specified in the summons, notice, or e-ticket.

(c) An arresting officer shall transfer the arrest and licensing information of a violator electronically to the court. The court shall electronically record the arrest and issue a complaint and summons or notice to appear, which shall be printed at the site of the offense and given to the violator.

(d) The person arrested, if he or she so desires, shall have a right to an immediate hearing or a hearing within 24 hours at a convenient hour before a magistrate within the county or city where the offense was committed, or if an e-ticket is written, the person shall have a right, if he or she desires, to an immediate hearing or a hearing within 24 hours at a convenient hour before any magistrate within this state.

(e)(1) Except when an arresting officer cites a person with an e-ticket, the officer, upon the giving by the person of the required bond to appear at a certain time and place, shall release the person from custody.

(2) Except when an arresting officer cites a person with an e-ticket, a person refusing to give bond to appear shall be taken immediately by the arresting officer before the nearest or most accessible magistrate.

(3) When an e-ticket is used by an arresting officer, a person shall be deemed to have given his or her written bond to appear in court on the date as specified on the e-ticket.

(f) Any person who willfully violates his or her written bond by failing to timely appear shall be guilty of a Class C misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.

(g) This section does not apply to any of the following persons:

(1) A person arrested and charged with an offense causing or contributing to an accident resulting in injury or death to any person.

(2) A person charged with operating a vessel in violation of Section 32-5A-191.3.

(3) A person whom the arresting officer has good cause to believe has committed any felony.

(h) When a person is arrested or charged with an offense described in subsection (g), the arresting officer shall take the person before the nearest or most accessible magistrate.