 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Norris v. City of Montgomery8/31/2001
be impounded regardless of ownership, unless the peace officer is reasonably able, by other means, to verify that the driver is properly licensed. Prior to impounding a vehicle, a law enforcement officer shall make a reasonable attempt to verify the license status of a driver who claims to be properly licensed, but who is unable to produce the license on demand of the law enforcement officer.
"(2) A law enforcement officer shall not impound a vehicle pursuant to this subdivision if the license of the driver expired within the preceding 90 days and the driver would otherwise have been properly licensed.
"(3) A registered or legal owner of record including the holder of any lien or encumbrance on the vehicle at the time of impoundment may request a hearing to determine the validity of the impoundment pursuant to subsection (o).
"(4) If the driver of a vehicle impounded pursuant to this subdivision was not a registered owner of the vehicle at the time of impoundment, or if the driver of the vehicle was a registered owner of the vehicle at the time of impoundment, but the driver does not have a previous conviction for a violation of Section 32-5A-191 of the Code of Alabama 1975, the vehicle shall be released and is not subject to forfeiture."
On August 1, 1997, Perkins's driving privilege had not been restored; nevertheless, on that day at 4:18 p.m. he was operating a motor vehicle in the City. At that time, he was stopped by Officer Perkins, because his automobile was emitting smoke. When Perkins could not produce a driver's license, Officer Perkins issued two Uniform Traffic Tickets and Complaints ("UTTCs"), citing Perkins for "excessive smoke" and for "driving without first obtaining a driver's license." Despite Perkins's failure to produce a driver's license, Officer Perkins did not impound the vehicle. Instead, he left the scene, allowing Perkins to leave in his vehicle.
After the traffic stop, Perkins began consuming alcohol and continued to operate his vehicle. Approximately five hours after the stop, Perkins's automobile struck Coon's automobile, resulting in one person's death and injuring five others, all occupants of Coon's vehicle. At the time of the accident, Perkins's blood-alcohol level substantially exceeded the limit then set by Ala. Code 1975, § 32-5A-191(a)(1).
This action, seeking damages for wrongful-death, personal injuries, and property damage, was brought by Wanda Norris and Philip Norris, on behalf of Philip Heath Norris, deceased; Coon; and the injured passengers, suing by and through one, or both, of their respective parents. The complaint contained counts against the City defendants in their official and individual capacities, alleging negligence against all the City defendants, and alleging wantonness against then Mayor Folmar, Chief Wilson, and Officer Perkins. More specifically, it alleged that Officer Perkins had breached a duty imposed by the Act to impound Perkins's vehicle, and that the breach of that duty had resulted in death, injuries, and damage to the plaintiffs. It also asserted claims against Perkins alleging negligence and wantonness.
The City defendants moved for a summary judgment, contending that they were immune from suit under various theories of governmental immunity. The trial court granted their motion. On appeal, the Norrises and the other appellants (hereinafter referred to collectively as "the Norrises") challenge the applicability of the doctrine of governmental immunity to the claims asserted against the City defendants.
The City defendants first argue that they are entitled to absolute immunity, based on Ala. Const. 1901, § 14. "Generally, of course," § 14 s
Page 1 2 3 4 5 6 7 Alabama DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|