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Luckie v. City of Montgomery2/12/1999
heir automobiles into the parking lot of the station. They explained the accident to Griffin and exchanged insurance information. Griffin told them that they could leave. Smyly drove away. Luckie got into her automobile and was preparing to leave, when Griffin walked over and asked her to exit her automobile. Griffin asked Luckie to perform various field sobriety tests. He asked her how much she had drunk, and Luckie told Griffin that she had one wine spritzer with dinner. Griffin arrested Luckie for DUI and searched her automobile. He did not find any alcohol containers in the automobile, nor did he find a prescription drug bottle in the automobile. Griffin transported Luckie to a police station. When they arrived at the station, Griffin had Luckie perform two Breathalyzer tests. On both tests Luckie registered a .01 result. Griffin's supervisor advised Griffin to arrest Luckie if he felt that Luckie was driving under the influence. Griffin then asked Luckie about various illness and medications. Luckie informed Griffin that she had taken "a nerve pill" that morning, but she had a prescription for the medication. Griffin booked Luckie on the charge of driving " nder the combined influence of alcohol and a controlled substance to a degree which renders incapable of safely driving." § 32-5A-191(a)(4), Ala. Code 1975. Griffin then completed an Alabama Uniform Traffic Accident Report, a DUI affidavit, a sobriety examination report, and an implied consent questionnaire.
In the DUI affidavit presented to the City magistrate, Griffin stated that he had observed Luckie swaying while standing, that she had bloodshot eyes, and that she was incoherent. He also stated that Luckie initially denied having any alcohol, but later admitted to having "a couple of glasses of wine at a restaurant." Griffin listed the various sobriety tests that Luckie failed and the one she passed.
In his deposition, Griffin stated the following: At the accident scene, he could understand Luckie's answers to his questions; her speech was not slurred; she was not confused; and she did not mumble. He also stated that he did not see Luckie drive erratically. Griffin admitted that Luckie was upset and crying, which could account for her watery eyes, and that she did not smell of alcohol.
In response to the City and Griffin's summary judgment motion, Luckie submitted affidavits from Barnhart, Smyly, Price, and her treating physician. Barnhart stated that Luckie had one wine spritzer with dinner and that she did not see Luckie staggering or swaying. She also stated that she worked as a bartender and that it was important for her to notice when someone was drunk. Barnhart further stated that she saw no indication that Luckie was drunk or incoherent when Luckie left. Smyly stated that Luckie did not stagger or sway at any time while he was at the gas station. He also stated that Luckie did not smell of alcohol or appear to be intoxicated, and that at no time did Luckie appear to be under the influence of alcohol or drugs. Price spoke with Luckie just before the accident. Luckie told Price that she had dinner at a local restaurant and was on her way home. Price stated that she did not notice any problems with Luckie's speech and that Luckie did not appear to be drunk. Luckie's treating physician stated that he prescribed Tranxene for Luckie as an anti-anxiety agent and that Tranxene is approved for patients who need to operate motor vehicles. He also stated that Tranxene has a mild sedative effect, that Tranxene "is normally dosed every eight hours," and that he would not expect any patient to be under the influence of Tranxene 14 hours after ingesting the medication.
The record reveals inconsistencies between the
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