Montgomery, AL
DUI and DWI Lawyer at Montgomery, AL
Practice Areas: DUI & DWI, Criminal Defense, Administrative Law
Point # 1 - The Administrative License Suspension tracks the language of the Implied Consent law located in 32-5-192 in that only a lawful arrest for DUI will support a license suspension. Due to the e...
See Full GuideThe importance of proving the chain of custody of a blood sample was demonstrated in Miller v. State, 484 So. 2d 1203 (Ala. Cr. App. 1986) where the investigating state trooper in a traffic fatality ca...
See Full GuideBy statute and decisional law, the state must identify the person and offer into evidence the credentials of the duly authorized person who drew the blood sample from the defendant. The blood sample c...
See Full GuideThe first question is who can draw blood for legal purposes? Under the Code of Alabama, 1975, section 32-5A-194 (a)(2), "only a physician or a registered nurse (or other qualified person)" is authorize...
See Full GuideThe Implied Consent Law found at Code of Alabama, 1975, section 32-5-192, was enacted in 1971 as mechanism to require compliance with the state's Chemical Test for Intoxication Act. Much of the Implied...
See Full GuideThe starting point for any discussion of the applicable law for an Alabama law enforcement officer to stop and detain and subsequently arrest an individual pursuant to a traffic stop is the U.S. Suprem...
See Full GuideMinor in Possession Statutes - Interestingly, there are two different "under 21" in possession of alcohol statutes contained in the Code of Alabama. The first statute, codified at 28-1-5, prohibits an...
See Full GuideDriver License: Any license to operate a motor vehicle issued under the laws of this state. By statute and decisional law, the Department of Public Safety holds the sole and exclusive authority to issu...
See Full GuideProbably no single traffic code statute has been tried in court more often, and litigated on appeal, than Alabamas driving under the influence (DUI) statute. The present statute, found in Code of Alaba...
See Full GuideOne of the most perplexing situations involving state troopers and other law enforcement officers who enforce the state traffic code is determining when, and under what circumstances, to charge a motor...
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