Q Section 63-9-21(6) provides, in part, “if a ticket is issued and the person is incarcerated based upon the conduct for which the ticket is issued, the ticket shall be filed with the clerk of the court to which it is returnable no later than 5:00 p.m. on the next business day, excluding weekends and holidays, after the date and time of incarceration.” Should an officer fail to meet the deadlines called for in this statute, will this constitute grounds for dismissal of the charges referenced in the ticket?

A No. The penalty for failure to comply with the provisions of this section, including failure to file the ticket by the 5:00 p.m. deadline, consists of potential misdemeanor criminal liability for the officer. This section does not provide for automatic dismissal of the charge. (Attorney General’s Opinion to Walley dated November 13, 2009)