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Hopper v. City of Prattville2/4/2000
NOTICE: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 242-4621), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.
rel02042000hopper
Following a trial de novo in the circuit court, a jury found the appellant, David Leslie Hopper, guilty of driving while under the influence ("DUI"), driving on the wrong side of the road, improper lane usage, possession of marijuana in the second degree, and possession of drug paraphernalia. For the DUI conviction (CC-98-222), the trial court sentenced Hopper to 10 days in the city jail; that sentence was suspended and Hopper was placed on 12 months' probation. For driving on the wrong side of the road (CC-98-223) and for improper lane usage (CC-98-224), the trial court fined Hopper $25 for each conviction. For possession of marijuana in the second degree (CC-98-225), the trial court sentenced Hopper to six months in the city jail. For possession of drug paraphernalia (CC-98-226), the trial court sentenced Hopper to 30 days in the city jail. The sentences were ordered to run concurrently.
The State's evidence tended to show the following. On September 13, 1997, at approximately 8:30 p.m., Corp. Howard Daniel Fells of the Prattville Police Department was travelling south in his patrol car on U.S. Highway 31 in Prattville when he noticed a white 1992 Pontiac Bonneville automobile travelling in the same direction. Also travelling south on Highway 31, in a second patrol car near Corp. Fells's car, was Sgt. Anthony L. Ricks of the Prattville Police Department. Corp. Fells and Sgt. Ricks were responding to a reported trespassing incident near Cooter's Pond Road.
Corp. Fells testified that the white Bonneville was travelling in the far left lane of the highway when suddenly, without giving a turn signal, the Bonneville cut across the middle lane of traffic and into the right turn lane, cutting off both Corp. Fells's vehicle and Sgt. Ricks's vehicle. Corp. Fells stated that he had to slam on his brakes to avoid hitting the Bonneville. He stated that the Bonneville then turned left onto Scenic View Drive, running a stop sign in the process, and then immediately turned right onto Cooter's Pond Road. According to Corp. Fells, the Bonneville proceeded down the wrong side of Cooter's Pond Road for approximately 300 yards.
Corp. Fells flashed the lights on his patrol car and signaled for the Bonneville to stop. Corp. Fells and Sgt. Ricks then pulled their vehicles in behind the stopped Bonneville. The Bonneville's driver --the appellant Hopper -- immediately got out of the Bonneville and began walking toward Corp. Fells's patrol car; however, Corp. Fells ordered Hopper to return to his vehicle. After Hopper returned to the Bonneville, Corp. Fells approached the driver's side of the car while Sgt. Ricks approached the passenger side.
There were two passengers in the Bonneville with Hopper. Corp. Fells asked Hopper to step out of the vehicle, and Hopper complied. Corp. Fells testified that at that point he smelled the odors of alcohol and marijuana emanating from Hopper's person. Corp. Fells also stated that Hopper's speech was slurred.
Corp. Fells then asked Hopper to step to the rear of the Bonneville so that he could administer three field-sobriety tests to Hopper. According to Corp. Fells, Hopper failed both the "finger-to-nose" test, and the "count" test. He testified that after Hopper failed the "finger-to-nose" test, Hopper r
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