In Alabama criminal law news today, an Alabama criminal court judge resigned today in an attempt to escape ethics charges. Judge Herman Thomas resigned while facing accusations he abused Alabama cannons of judicial conduct. Thomas is accused of spanking Alabama criminal defendants, helping relatives manipulate Alabama jail sentences, and inappropriately taking cases from other judges.
The Alabama Criminal Appeals Court changed Alabama DUI law today and shortened sentences for those with multiple Alabama DUI convictions. In the past, any four Alabama DUI convictions resulted in a felony. Now, in order to constitute a felony, the four Alabama DUI convictions must be within a five year period. Thus, if you have three DUI convictions within a five year period, but then receive a fourth Alabama DUI conviction in six years, that DUI conviction is not a felony. In the past, that fourth DUI conviction, regardless of how many years have passed, would have resulted in a felony DUI conviction.
My firm believes in protecting the rights of those accused of driving under the influence in Alabama, regardless of where you were charged. I represent clients charged with a DUI in Birmingham, Tuscaloosa, Auburn, Huntsville, Mobile, Hoover, Pelham, Mountain Brook, Homewood, Gardendale, Montgomery, Fultondale, Florence, Guntersville, Arab, Decatur, Cullman, Boaz, Fort Payne, Scottsboro, or charged in Jefferson County, Shelby County, Madison County, Montgomery County, or Mobile County. My firm's Birmingham, Alabama location allows us to regularly defense those charged with a DUI throughout the state of Alabama. I am the "go to guy" for an Alabama DUI defense lawyer and attorney. I spend hundreds of hours a year just reading the latest DUI defense news and learning DUI defense from the best DUI defense lawyers and attorneys in the country.
My firm also tries to make DUI defense affordable. I understand that good DUI defense lawyers and attorneys are expensive, and everyone does not have the same access to these kinds of quality DUI lawyers. At Eversole Law, we try to structure our fees so that anyone who has been accused of driving under the influence of alcohol or drugs can afford their defense. As a result of our continued hope to bring quality DUI defense lawyers to those that may not have been able to afford such a defense in the past, on top of our already competitive pricing, we offer payment plans, and we accept major credit cards. Our goal is to help make sure everyone who needs a high quality DUI defense lawyer is able to afford one.
I received a phone call yesterday from a perspective client in Birmingham, Alabama. She received a DUI coming back from the Alabama Football game this past weekend. She was charged with driving under the influence and possession of drug paraphernalia(a small pipe commonly used for smoking marijuana). She was charged with the DUI in Shelby County, Alabama, in the city of Pelham. She blew a .10, which is over the legal limit of .08% blood alcohol level, failed the field sobriety test, and threw up in the police car.
It was her first offense and I will be able to negotiate a pre-trial diversion for the DUI charge and drug court for the paraphernalia charge. Thus, when she completes an alcohol abuse program, pays her fines, and doesn't get another DUI within a year, her record is wiped clean.
Drug court is also a version of pre-trial diversion. Once you complete the program's specifications, fines, drug abuse counseling, drug tests, and stay out of trouble, your Alabama drug charges are removed from your record. Thus, I will be able to get my client's record wiped completely clean.
Sometimes however, this method is not the best solution. Just because I can get your record clean after a DUI or drug possession charge in Hoover, Trussville, Mountain Brook, Vestavia, Moody, or all across Alabama, does not mean that is the best criminal defense strategy to employ. Even if you get DUI diversion or drug court, you just used up your get out of jail free card, so to speak. If you ever receive another charge, those options will not be available to you. Many times, a DUI or Drug charge can be challenged in court, and when the case is dismissed or you win a jury trial, you still have the option of using drug court or DUI pre-trial diversion to your benefit, if something like this ever happens again.
I defend clients across the great state of Alabama charged with driving under the influence. My firm's central location in Birmingham, Alabama allows us to regularly defend clients throughout the state and in Jefferson County, including Mountain Brook, Hoover, Pelham, Vestavia Hills, Moody, Leeds, Homewood, Hueytown, Trussvile, Gardendale, Fultondale, Fairfield, Bessemer, Adamsville and Pleasant Grove. As a Birmingham, Alabama DUI Defense Lawyer, I also defend clients in Tuscaloosa, Montgomery, Huntsville and Mobile, Alabama.
My firm believes you are innocent until proven guilty of driving under the influence, or DUI/DWI. We will fight for your rights in every Alabama County and in every Alabama Court. You do not have to plead guilty to DUI charges, even if you blow above the legal limit. There are many ways to challenge a DUI charge in court. My firm focuses our practice on making these challenges. We also believe in making quality DUI defense an affordable option for people who want to defend themselves against DUI charges. When you cannot afford to lose, call Eversole Law, and say "bye bye" to your DUI.
Field sobriety tests are very inaccurate. The tests are completely subjective and should not be used as proof of guilt in any court proceeding. Has anyone ever passed a field sobriety test in Alabama? I doubt it. If the cop wants to arrest you, you can bet the night in jail that your performance on a field sobriety test will make little difference. Apparently, cops are like superman, they have laser vision. They are able to discern an inch difference in the placement of your feet on a dark highway with little to no light, and are able to stand on one foot while counting for 30 seconds at a time, without ever moving a muscle or slightly adjusting their leg. I don't know about you, but standing on one foot for thirty seconds is hard to do at all, sober or not. Don't believe me, try it. Make sure your foot does not touch your leg or almost touch the ground, and make sure you don't sway too much while doing so either. I have heard all these grounds used as a cops reasoning to arrest someone for DUI. As I have said on this blog several times, do not take a field sobriety test.
An Alabama women was charged with a DUI for, "riding under the influence." This story is a couple months old, but helps make my point. The crazy, "MADD" mothers against drunk driving have caused Alabama to go insane. Alabama code 32-5A-191 specifically requires that in order to be guilty of driving under the influence, you must be driving or under the physical control, "of a motor vehicle." Does anyone think this horse has wheels or an engine? How in the world can the language of the Alabama Statute be interpreted any other way than to require some kind of motorized vehicle? According to Websters, the definition of motor vehicle is as follows:
motor vehicle
Function: noun
: an automotive vehicle not operated on rails; especially : one with rubber tires for use on highways
This is just another crazy example of police powers run amok and MADD mothers running our legislature and courts. I guess the horse had rubber horseshoes. What's next, no bull-riding while intoxicated? What fun would that be.
A first time DUI conviction can land you in jail. You could face a year in jail for one DUI conviction. One DUI can also have other serious consequences. You can go to jail, pay large fines, lose your drivers license for 90 days, your car insurance will triple, you may lose your job or security clearance at work, and it could ruin your reputation with your friends, neighbors or co-workers. Furthermore, a DUI conviction will stay on your record forever. There is no expungement provision in Alabama.
Most people charged with a DUI have much to lose. Do not plead guilty until you speak with a criminal defense attorney that focuses their practice on DUI defense. Too many people blindly try to make these charges go away by quickly pleading guilty to the charges. An Alabama DUI charge is a serious offense and you need to take it seriously. Pleading guilty is normally the last option. You are innocent until proven guilty and you should make the state prove your guilt in court.
When you are arrested for a DUI in Alabama your case will be heard in a particular court. The specific court your case is docketed in depends on several factors; including which police agency arrested you and how many Driving Under the Influence convictions you have. If it's your first DUI or your second, the case is still a misdemeanor and your case will be in either a municipal or district court of the county in which you were arrested. If you have three DUI convictions, your case is a felony and you will be scheduled for a preliminary hearing in the District Court of the county in which you were arrested. A felony DUI conviction may also be heard originally in the Circuit Court of the county you were arrested, depending on how you were charged.
If you are arrested for a DUI in a municipality by a municipal police officer, your case will be heard in the municipal court of that city(i.e. Mountain Brook) if that city has a municipal court. Municipal courts and district courts are what we lawyers call, "courts of limited jurisdiction." This just means that these courts have no power to hear felony DUI cases. A district court can, however, have preliminary hearings in felony DUI cases.
There is no right to a jury trial in either a municipal or district court. If one of these courts hear your case and you exercise your right to have a trial, then you will have a bench trial. A bench trial is a trial before a judge only, with no jury. If you chose to have a trial in either a district or municipal court and are convicted, you have a right to appeal that conviction to a circuit court of the county you were arrested for a new trial. In order to perfect your right to a DUI conviction from a district or municipal court, you must file a notice of appeal within 14 days of conviction and post an appeal bond. If you do not file within the time allotted you forfeit your right to any appeal. You are entitled to a jury trial in circuit court. If you lose in circuit court, you can always appeal that decision to the Alabama appellate courts.
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