Alabama Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of Alabama or Court of Appeals of Alabama where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Ex parte Leeds - 11/15/2002
PETITION FOR WRIT OF MANDAMUS
The City of Leeds (hereinafter "the City") filed this petition for a writ of mandamus requesting us to direct Judge David N. Lichtenstein to rescind his order reinstating John Bino Barefield's de...
Hankins v. State - 9/27/2002
AFFIRMED BY UNPUBLISHED MEMORANDUM.
McMillan, P.J., and Wise, J., concur; Shaw, J., concurs in the result; Cobb, J., concurs in part and dissents in part, with opinion.
COBB, JUDGE, concurring in part and dissenting in...
Attaway v. State - 9/27/2002
The appellant, Tony Allen Attaway, appeals from the Etowah Circuit Court's revocation of his probation. The record reveals that Attaway was charged with one count of unlawful breaking and entering a motor vehicle, a violation of §...
Ables v. State - 9/6/2002
On October 1, 2001, the State of Alabama filed a complaint seeking the forfeiture of a vehicle that belonged to Junior Ables ("Junior"). After receiving ore tenus evidence, the trial court entered a judgment ordering the forfeiture of...
Campbell v. City of Daphne - 8/30/2002
The appellant, Jason Christopher Campbell, appeals from the Baldwin Circuit Court's denial of his motion to reinstate his appeal of his municipal court conviction for DUI. The record indicates that the circuit court dismissed...
Killen v. State - 8/30/2002
AFFIRMED BY UNPUBLISHED MEMORANDUM.
Cobb, J., concurs. McMillan, P.J., and Shaw, J., concur in the result. Baschab, J., concurs in part and dissents in part, with opinion.
BASCHAB, Judge, concurring in part and dissenting...
State v. Thomas - 8/30/2002
The State appeals from the trial court's order granting a motion to suppress evidence filed by the appellee, Randolph Thomas. Thomas was charged in a three-count indictment with murder, a violation of § 13A-6-2, Ala. Code 1975, and two...
Gatlin v. State - 8/9/2002
Waymon Eugene Gatlin appeals from a judgment ordering that $4,100 in currency be condemned as contraband and forfeited to the State because, the trial court found, the money "was used or intended to be used in a transaction for...
Ex parte Estate of Cook - 7/3/2002
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS
The estate of Matthew Ryan Cook (hereinafter referred to as "the Estate") petitioned this Court for a writ of certiorari. We granted the Estate's petition to...
Baird v. State - 6/28/2002
On April 6, 2001, Michael Ray Baird was convicted of intentional murder, a violation of § 13A-6-2(a)(1), Ala. Code 1975, and felony-murder, a violation of § 13A-6-2(a)(3), Ala. Code 1975. The trial court sentenced him, as an habitual...
Tomlin v. State - 5/31/2002
The appellant, Phillip Wayne Tomlin, appeals his conviction for the intentional murders of Ricky Brune and Cheryl Moore, an offense punishable by death because two or more people were intentionally killed pursuant to one act or a...
Nieto v. State - 4/26/2002
On October 21, 1998, the appellant, Roddfo Guerrero Nieto, pleaded guilty in the Houston District Court to driving under the influence of alcohol. That same day, the district court sentenced Nieto to 12 months' hard labor; that...
Casaday v. State - 3/1/2002
Richard Adam Casaday entered a guilty plea and was convicted of the offense of driving under the influence of alcohol ("DUI"), a violation of § 32-5A-191(a)(2), Ala. Code 1975. Because this was Casaday's fourth DUI conviction, he was...
Hamilton v. State - 3/1/2002
The appellant, David Hamilton, was indicted by the fall 2000 Escambia County grand jury for misdemeanor driving under the influence of alcohol. In March 2001, the prosecutor moved to amend the indictment to charge felony driving under...
Richey v. State - 3/1/2002
Phyllis Willcut Richey was convicted of the following: (1) driving on the wrong side of the road; (2) driving under the influence ("DUI"); and (3) two counts of murder resulting from a DUI-related automobile accident. She was fined...
Heflin v. State - 3/1/2002
James Duke Heflin was convicted of driving under the influence of alcohol, a violation of § 32-5A-191, Ala. Code 1975. He was sentenced to one year's imprisonment; the sentence was suspended, and he was placed on unsupervised...
Key v. State - 3/1/2002
Gary Frank Key was convicted by a jury, following a guilty plea, of the capital murder of his ex-wife, Debra. Key admitted that he fired shots into the vehicle in which Debra was a passenger and that he wounded her fatally. §...
Cooley v. State Department of Public Safety - 2/1/2002
This is a driver's-license-suspension and a disqualification case.
On May 31, 2001, William H. Cooley petitioned for a writ of mandamus directing the Alabama Department of Public Safety ("DPS"), to reinstate his driver's license,...
Ballard v. State - 12/21/2001
On March 6, 2001, Homer Ballard was convicted of one felony count of driving under the influence of alcohol ("DUI"), a violation of § 32-5A-191(a), and 191(h), Ala. Code 1975. On May 7, 2001, Ballard was sentenced to 10 years'...
Bertram v. State - 12/21/2001
The appellant, Patricia Norman Bertram, pled guilty to felony driving under the influence ("felony DUI"), a violation of §32-5A-191(a)(2) and (h), Ala. Code 1975, and misdemeanor leaving the scene of an accident, a violation of...
Wood v. State - 11/30/2001
On February 1, 1999, pursuant to a negotiated agreement, the appellant, Stevie Eugene Wood, pled guilty to incest and attempted second-degree rape. The trial court sentenced him to serve concurrent terms of ten years in prison on each...
Tucker v. State - 11/30/2001
On January 8, 1999, Andrea Raquel Tucker was indicted for two counts of unlawful distribution of a controlled substance (marijuana). On January 10, 2001, the State filed a motion to amend the indictment to include the fact that Tucker...
Key v. City of Cullman - 11/16/2001
Annette L. Key ("Key"), individually and on behalf of her two minor sons, Jeffery P. Parker and Brian Parker (hereinafter together referred to as the "plaintiffs"), sued The City of Cullman (hereinafter the "City"); Lieutenant Max...
Rhodes v. State - 10/26/2001
The appellant, Joel Lee Rhodes, pled guilty to second-degree assault, and the trial court sentenced him to serve a term of ten years in prison. On January 19, 2000, the trial court placed him on supervised probation for five years. On...
Thomas v. State - 9/28/2001
The appellant, Clarence Thomas, pleaded guilty to a charge of felony driving under the influence ("DUI"). He was sentenced to two years' imprisonment. The trial court also ordered the indefinite suspension of the appellant's driver's...
Culpepper v. State - 9/28/2001
The appellant, Jamie Brian Culpepper, was indicted on two counts of reckless manslaughter, a violation of § 13A-6-3(a)(1), Ala. Code 1975. The cases were brought to trial and the appellant was convicted of two counts of criminally...
Ewing v. State - 9/28/2001
The appellant, Jerrold Vernon Ewing, appeals from the trial court's order revoking his probation.
On August 10, 1998, Ewing pleaded guilty to first-degree criminal mischief, a violation of § 13A-7-21(a), Ala. Code 1975. He was...
Ex parte Ryals - 9/21/2001
PETITION FOR WRIT OF MANDAMUS
The petitioner, Timothy L. Ryals, a Mobile County sheriff deputy, filed this petition for a writ of mandamus directing Judge James C. Wood to dismiss the four-count indictment against him. Ryals was...
Norris v. City of Montgomery - 8/31/2001
This action arises out of an automobile accident that occurred in 1997 when a vehicle operated by Bo Coon was struck by a vehicle operated by Michael Perkins, injuring Bo Coon and four minors who were passengers in Coon's vehicle --...
Gormandy v. City of Mobile - 8/31/2001
Gary Michael Gormandy appeals from the Circuit Court of Mobile County's refusal to dismiss the appeal of his municipal court conviction for driving under the influence. The issue on appeal is whether the circuit court erred in refusing...
Owens v. State - 8/31/2001
The appellant, James Wade Owens, was indicted on charges of driving while his license was revoked, a violation of § 32-6-19, Ala. Code 1975, and of exceeding the speed limit, a violation of § 32-5A-171, Ala. Code 1975. He was charged...
Poole v. State - 8/31/2001
The appellant, Larry James Poole, Sr., was convicted of four counts of distributing controlled substances, violations of § 13A-12-211, Ala. Code 1975, and one count of possessing a controlled substance, a violation of § 13A-12-212,...
Fitch v. State - 8/31/2001
Jerry T. Fitch, Sr., appeals his January 17, 1998, convictions arising from three separate indictments charging six counts of using his public office for personal gain, one count of aiding and abetting another in using his public...
R.W.D. v. Walker County Department of Human Resources - 7/20/2001
These appeals involve the termination of parental rights of the father, R.W.D., and the mother, K.M.D., as to their three minor children, A.D., C.D., and T.D. The record indicates that the court appointed a guardian ad litem to...
Dutton v. State - 6/29/2001
On Rehearing Ex Mero Motu
This Court's opinion of April 27, 2001, is withdrawn and the following is substituted therefor.
John Mark Dutton was convicted in the Circuit Court of Morgan County of driving under the influence...
Peoples v. State - 6/29/2001
The appellant, Gregory Lacelle Peoples, appeals from the circuit court's revocation of his probation. The record reveals that on September 23, 1997, Peoples pleaded guilty to one count of fraudulent possession of a credit card, a...
Davis v. State - 5/25/2001
This case is on appeal following a finding of guilt, and an order issued by the Baldwin District Court denying Kenneth Earl Davis's motion to dismiss his case for lack of jurisdiction and certifying a question of law for consideration...
Thedford v. Payne - 5/18/2001
Julia Payne, individually and as parent and next friend of Calvin L. Payne, Jr. ("Calvin"), sued Tommy Andre Thedford ("Tommy") and Beverly Thedford, individually and as parent and next friend of Tommy. In her complaint, Julia Payne...
Omni Insurance Company v. Foreman - 5/11/2001
Omni Insurance Company appeals from the trial court's denial of its postjudgment motion for a judgment as a matter of law ("JML"), for a new trial, or to alter or amend a judgment entered on a jury verdict in favor of Jennifer B....
Maye v. Albritton - 5/4/2001
Jerry Maye petitions this Court for a writ of mandamus directing Special Circuit Judge Gordon Ray Batson to order Municipal Judge Gregory Albritton to allow Maye to hire a court reporter to record municipal court proceedings on a...
Montgomery v. State - 3/30/2001
Gary Dean Montgomery was convicted of driving under the influence, in violation of § 32-5A-191, Ala. Code 1975, and possession of an open container, in violation of a municipal ordinance in the City of Decatur. Because this was a...
Smoke v. State - 3/30/2001
Leroy Harold Smoke, Jr., appeals from the trial court's revocation of his probation. At the State's request, we remand this case for the trial court to clarify on the record whether it complied with Rule 27.1, Ala.R.Crim.P., when it...
Stevenson v. State - 3/2/2001
Patricia Stevenson was indicted for murder under § 13A-6-2, Ala. Code 1975. A jury convicted her of the lesser included offense of manslaughter, and she was sentenced to 20 years' imprisonment. Stevenson was ordered to pay $100 to the...
Burnsed v. City of Evergreen - 3/1/2001
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS
After a bench trial in the Municipal Court of the City of Evergreen, Donald Keith Burnsed, represented by counsel, was convicted of the misdemeanor offense of...
Yancey v. State - 1/12/2001
The appellant, Vernon Lamar Yancey, was convicted of murdering Mattie Sports during the course of a robbery, an offense defined as capital by § 13A-5-40(a)(2), Ala. Code 1975. The jury, by a vote of 10 to 2, recommended that Yancey be...
Smith v. State - 12/22/2000
The Houston County grand jury indicted the appellant, Jerry Jerome Smith, on February 20, 1997, for the capital offense of " urder wherein two or more persons are murdered by the defendant by one act or pursuant to one scheme or course...
City of Orange Beach v. Duggan - 12/15/2000
The defendants -- the City of Orange Beach ("Orange Beach"); the Orange Beach Personnel Board (the "Board"); Orange Beach's director of personnel; and the chairman and four members of the Board -- petitioned this Court, pursuant to...
Whitehead v. State - 12/1/2000
WRIT DENIED.
Maddox, Houston, Cook, See, and Brown, JJ., concur.
Hooper, C.J., and Johnstone and England, JJ., dissent.
HOOPER, Chief Justice (dissenting).
I respectfully dissent.
Kenneth Vann Whitehead...
Odom v. State - 12/1/2000
WRIT DENIED. NO OPINION.
Maddox, Houston, Brown, and England, JJ., concur.
Hooper, C.J., and Lyons and Johnstone, JJ., dissent.
HOOPER, Chief Justice (dissenting).
I must respectfully dissent from the denial of...
Hamrac v. State - 11/3/2000
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS
WRIT DENIED.
Houston, Cook, See, Lyons, Brown, Johnstone, and England, JJ., concur.
Hooper, C.J., dissents.
HOOPER, Chief Justice (dissenting). ...
State v. Thrasher - 10/27/2000
After Remand from the Alabama Supreme Court
The Alabama Supreme Court in State v. Thrasher, [Ms. 1990568, Aug. 11, 2000] ___ So. 2d ___ (Ala. 2000), reversed that part of this Court's judgment holding that the State could not use...
Sims v. City Of Montgomery - 9/29/2000
The appellant, James Carlton Sims, Jr., was convicted in the Montgomery Municipal Court of driving under the influence and running a red light, and appealed his convictions to the Montgomery County Circuit Court for a trial de novo. On...
State v. Smith - 9/29/2000
The State of Alabama appeals from the trial court's order suppressing evidence of marijuana obtained after a traffic stop of Steven Edward Smith's automobile.
At the suppression hearing, the State presented testimony from Cpl....
Keeton v. State - 9/15/2000
The Court of Criminal Appeals affirmed the defendant's conviction, without an opinion, on April 30, 1999. Keeton v. State, (No. CR-98-0385) ___ So. 2d ___ (Ala. Crim. App. 1999) (table). We granted certiorari review. The legal issue...
Snith v. State - 8/25/2000
The appellant, Corey Schriod Smith, was convicted of murdering Kimberly Ann Brooks during the course of a kidnapping, an offense defined as capital by § 13A-5-40(a)(1), Ala. Code 1975. The jury unanimously recommended that Smith be...
Hunter v. State - 8/25/2000
Elford Renden Hunter, Jr., appeals from the order of the trial court revoking his probation.
On December 21, 1999, Hunter's probation officer filed a petition alleging that Hunter had been arrested, four days before he filed the...
State v. Thrasher - 8/11/2000
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS
The sole question presented by this case is whether a prior uncounseled conviction for driving under the influence of alcohol ("DUI") can be used to enhance a...
Ex parte City of Gadsden - 7/21/2000
The City of Gadsden ("the City"), a defendant in an action pending in the Etowah Circuit Court, petitions for a writ of mandamus directing that court to vacate its order of May 4, 1999, denying the City's motion for a summary judgment...
M.W. v. Houston County Department of Human Resources - 7/14/2000
In 1992, M.W. (the "mother") voluntarily relinquished custody of her then 3-year-old son, R.C.W. (the "child"), to the Houston County Department of Human Resources. The child, who has been diagnosed with attention deficit hyperactive...
Ex parte M.T.S. - 6/30/2000
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS
(Re: M. T. S., Jr. v. State)
M.T.S., Jr., was adjudicated delinquent in the juvenile court on underlying charges of speeding and driving under the influence...
Cannon v. State - 6/30/2000
AFFIRMED BY UNPUBLISHED MEMORANDUM.
McMillan and Fry, JJ., concur; Baschab, J., concurs in the result; Long, P.J., dissents.
LONG, Presiding Judge, dissenting
I must respectfully dissent. In its order revoking...
Johnson v. State - 6/30/2000
Billy O'Neal Johnson appeals from an order of the trial court revoking his probation. Johnson contends that the trial court's revocation order is deficient because, he says, it fails to specify the evidence the court relied upon in...
Smith v. State - 5/26/2000
The appellant, Joseph ("Jody") Clifton Smith, was convicted of murdering Durk Van Dam during the course of a robbery, an offense defined as capital by § 13A-5-40(a)(2), Ala. Code 1975. The jury, by a vote of 11 to 1, recommended that...
State v. J.Z.S. - 5/12/2000
The petitioner, J.Z.S., filed this petition for a writ of mandamus requesting that we direct Judge L. Scott Coogler, circuit judge for the Sixth Judicial Circuit, to transfer J.Z.S's case to the juvenile court. This case has a long and...
Lawrence v. State - 5/5/2000
This appeal involves the introduction of evidence of the defendant's prior bad acts. Melisa Jessica Lawrence was convicted of second-degree theft. She formerly had worked for Mark King, an agent of State Farm Insurance Company. The...
Simmons v. State - 4/28/2000
On Return to Remand
On September 17, 1999, we remanded this cause to the trial court to conduct a hearing on the admissibility of the deoxyribonucleic acid ("DNA") population frequency statistical analysis evidence. Simmons v....
Apicella v. State - 4/28/2000
On Return to Remand
This cause was originally remanded to the trial court "with directions that that court enter specific written findings concerning the existence or nonexistence of each aggravating circumstance enumerated in §...
State v. Rutland - 4/28/2000
On February 26, 1997, the appellee, William David Rutland, was arrested and charged with driving under the influence of alcohol (DUI), a violation of § 32-5A-191, Ala. Code 1975. On May 22, 1997, Rutland was convicted of DUI in the...
Adamson v. State - 4/28/2000
The appellant, Ricky Ray Adamson, was convicted of driving under the influence in violation of §§ 32-5A-191(a)(2) and 32-5A-191(h), Ala. Code 1975. Adamson was sentenced to eight years in prison pursuant to the Habitual Felony Offender...
Smelley v. State - 3/31/2000
On May 26, 1994, the appellant, Ted Daniel Smelley, was found guilty in district court on charges of reckless driving and driving under the influence. He appealed to the Jefferson Circuit Court for a trial de novo. After numerous...
In re travis v. State - 3/31/2000
Ex parte Wayne Holleman Travis
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS
Wayne Holleman Travis was convicted of capital murder for the death of Clarene Haskew; he was convicted under § 13A-5-40(a)(4),...
Gibson v. City of Alexander - 3/17/2000
OCTOBER TERM, 1999-2000
Omer Stevie Gibson, d/b/a/ Yesterday's Billiards Cafe, appeals from a judgment of the Tallapoosa County Circuit Court dismissing his lawsuit against the City of Alexander City (the "City"), its mayor, and...
Phillips v. State - 3/10/2000
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS
W. A. Phillips was charged with hunting over a baited field, in violation of § 9-11-244, Ala. Code 1975. At trial, Phillips denied having any knowledge that the...
Todd v. Kelley - 3/10/2000
In 1997, Norman Todd was dismissed from his employment as a police officer for the City of Millbrook. In 1998, Todd sued the City; Al Kelley in his official capacity as the mayor; Capt. Kenneth Bradley in his official capacity as the...
Hopper v. City of Prattville - 2/4/2000
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,...
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