IN THE MUNICIPAL COURT OF HOOVER, ALABAMA CITY OF HOOVER Complainant, Vs. CHADE EVANS Defendant.

) ) ) ) ) ) ) )

Case No. TR-08-0018961 TR-08-0018962 MC11-0001237 MC11-0001238 MC11-0002622 MC11-0002623

OPPOSITION TO PROSECUTOR WALDREPS MOTION TO DENY A HEARING TO CHALLENGE THE CITY OF HOOVERS ACTIONS.

This is filed in opposition to Hoover City Prosecutor Charlie Waldreps Motion for Disposition filed on the afternoon of October 24, 2012, the date set for hearing on two motions filed earlier by Chade Evans on August 22, 2012. City Prosecutor Waldreps belatedly filed motion was in response to Evans motions seeking relief from the actions taken against her by the City of Hoover, particularly actions she strongly believes were taken in violation of settled law and in contravention of the United States Constitution. 1. On August 22, 2012, Chade Evans filed two motions challenging the actions taken against her in Hoovers Municipal Court. Those motions were set to be heard on October 24, 2012 at 3:00 pm. 2. On or about 4:00 p.m. Prosecutor Waldrep furnished Evans Counsel a copy of the Municipal Judges ORDER granting the City Prosecutors motion to substitute paper documents for an actual hearing and waiving oral argument. City Prosecutor Waldreps motion was contrived and belatedly filed on October 24, 2012, shortly before the scheduled hearing. In effect, the City Prosecutor asked and the Court promptly granted Waldreps untimely motion.

3. Counsel for Evans asked to be heard on Waldreps untimely motion. She also asked to go forward on the merits of the two motions that she had filed on August 22, 2012: Motion to Recall Writ of Arrest and Motion to Terminate Probation. 4. The Municipal Court Judge denied Evans Counsel an opportunity to be heard on any of these motions. 5. The Court was fully apprised that Evans wanted this matter to be heard despite her inability to be present due to the impact of Chemotherapy. 6. Prosecutor Waldrep admitted in his filing that he was aware of Evans concern that she may be incarcerated that day in Hoover City Jail and wanted some assurance that in light of her grave medical condition that she would be spared this harsh treatment. Prosecutor Waldrep would not give any such assurance during the 6:00 a.m. phone call that day from Evans counsel.

Evans Counsel respectfully submits that a brief is not needed in this instance, as the law is clearly settled. The Court is well aware of the unconstitutionality of incarcerating an indigent citizen for non-payment of a fine and costs. Also unnecessary is any instruction to this court that incarceration is not required for non-payment of fines and costs. This court is aware that community service may be imposed to address circumstances of hardship. It is further understood that the Court is obligated to carefully consider the offense and the circumstances of the offender on a case-by-case basis. The purpose of fines and costs is not intended to provide a steady lucrative revenue source for the City of Hoover. Fundamental to the court system in America at all levels is the opportunity to be heard, particularly when the matter may result in a loss of liberty. This is not a mere privilege -- it is an absolute right and this right was violated most recently on October 24, 2012. On that date, and at that hearing, the expectation was that the Court would address the various actions that it had taken against the interests of Chade Evans following her arrest

for failure to appear on two traffic tickets she received on December 18, 2008. (Following too Close and Driving Without a License). Evans was ordered to pay the maximum allowed by statute although the States schedule fines are much lower: $150 (Driving While Suspended) and $20 (Following too Close) The Court would have had an opportunity to examine the court records and hear oral argument. The Court would have learned that on November 1, 2011 Evans was incarcerated for missing a court session based upon these two traffic tickets issued in December 2008. The Court would have had an opportunity to examine the record to determine if Evans been given proper notice of the court date on which the City bases its Failure to Appear charges. At the hearing had it not been aborted, the Court would have likely recalled that Evans was assigned a court-appointed attorney on November 1, 2011, because she was deemed by this Court as indigent. The Court then would have had an opportunity to re-examine the appropriateness of assigning an indigent citizen to a private probation company for collection of fees in excess of $1,600 at a rate of $195 per month. In addition, the Court would have had an opportunity to reconsider the financial circumstance of Evans in light of her current income, family circumstances, as well as her dire medical condition that requires ongoing chemotherapy. At this hearing that was abruptly terminated at the request of City Prosecutor Waldrep, Evans particularly intended to challenge the accuracy of the amount the Court claims are owed. Municipal Court records show the tickets as settled and court records reveal that the matter was probated on November 1, 2011. With these records, Evans would have argued that the matter was settled. Accordingly the Writ of Arrest was due to be recalled and the probation with JCS due to be terminated. Evans would also argue that she has paid to the City of Hoover over $1,500 and that the payment of an additional amount of approximately $1600 is excessive and shocks the conscience. Also shocking is the Writ of Arrest that mandates a $1,000 cash only bond. The burden is further exacerbated with the imposition

of $45 per month for probation services designed to collect the Citys fines and costs. In effect, the City of Hoover has ordered payment of over $1,668 to settle two traffic tickets. She has already paid $1,000 for a cash bond that was applied to her outstanding fees. She also paid $350 on November 1, 2011 to go on probation. Evans requests the Court reconsider its actions Evans an opportunity to be heard on these motions. denying

Gayle H. Gear 2229 Morris Avenue Birmingham Al 35203

CERTIFICATE OF SERVICE Copy of the foregoing filed of record with the Hoover Municipal Court and a copy for the City Prosecutor Waldrep.

______________________ Gayle H. Gear 2229 Morris Avenue Birmingham Al 35203