Birmingham Criminal Defense Blog : Birmingham DUI & Criminal Defense Lawyer & Attorney : Eversole Law Firm : Criminal and DUI Defense : Serving Birmingham, Montgomery, Alabama

Being charged with the traffic death of another individual in Alabama can be a terribly stressful situation for most anyone. As a criminal defense lawyer who has defended numerous people accused of crimes in Birmingham and other parts of the state, I know that when a traffic fatality results in a murder charge, it tops the list of serious crimes. This is when you need a competent and experienced criminal lawyer to handle your case.

A recent case being brought before a local court has put a Mobile man in the defendant’s chair. According to news articles, Leon Joseph Smith was charged with murder in the drunk driving-related death of a 20-year-old motorcycle rider in 2008. Based on reports, Christopher Willis was killed on September 27, 2008, when his motorcycle slammed into Smith's car, which allegedly turned in front of the motorcycle.

Although police say that Smith was drunk at the time, the man’s defense attorney has pointed out that Willis was speeding at the time of the collision -- his bike was reportedly traveling in excess of 70mph. Police reports indicate that Willis had been dining at a local restaurant earlier in the afternoon and was headed to a friend's home to watch a football game when the crash occurred.

According to police, Smith had a blood-alcohol content (BAC) four times the legal limit in Alabama. Smith, 64, was cited for the crash that instantly killed Willis on Hillcrest Road around 4pm on a Saturday afternoon.

Emergency medical technicians responding to the accident reportedly saw Smith, who refused medical treatment, gargling mouthwash at the scene. The driver declined to take any field sobriety tests, and was subsequently arrested by the police.

News reports show that a later test revealed Smith's blood-alcohol level to be "at least" 0.365 percent.Prosecutors maintain that Smith, being drunk, showed a "reckless indifference for other people on the roadway."Alabama law allows for drivers to be charged with manslaughter or murder if they cause a fatal accident while driving under the influence.

Mobile man faces murder charge for traffic wreck, AL.com, December 08, 2009

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A Mobile, Alabama, man was recently charged with murder following a fatal pickup truck crash in Grand Bay, AL, that killed two passengers, as well as seriously injuring the driver and a third passenger. The wreck occurred in the early evening of May 29 when a truck driven by 29-year-old Carl Miller left Ramsey Road and hit a tree at a high rate of speed, killing his two cousins, Billy J. Miller, 17, and Joseph Miller, 20.

According to reports, the Mobile County District Attorney's office alleges that Miller was under the influence of alcohol and marijuana at the time of the accident. The police investigation revealed that the truck was traveling between 90-100 mph prior to going off the road and hitting the tree. Authorities also said that none of the truck’s occupants was wearing a seatbelt.

This is a tragedy of the first order. Three of the people, the two victims and the driver, were relatives, and that family has suffered a terrible loss. Obviously, the driver exhibited poor judgment, but to charge him with two counts of murder is an added blow to the families and relatives of these men. In addition, Miller was charged with leaving the scene of an automobile injury accident.

As a Birmingham criminal and DUI defense lawyer, I have represented clients in this type of situation before. There is no doubt that the allegations pose a huge challenge to this man’s defense, but that is why criminal attorneys like myself have devoted entire careers to helping those individuals accused of a crime, even when the odds appear stacked against them.

For Mr. Miller, police say he was drunk and maybe under the influence of marijuana. Add to that the allegation that he left the scene of the accident and it would seem that he is guilty. But there could be plausible reasons for his leaving. Of course, guilt is one possibility, but maybe he left because he wanted to get help for himself and the other men -- he and the other survivor of the crash both had serious injuries. Frankly, we won’t know the details until his trial.

Mobile Man Charged With Murder In Deadly Wreck, WKRG.com, June 1, 2009

Murder charges filed against driver in double fatality, AL.com, May 31, 2009
 

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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.   

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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. 

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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. 

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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.

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Imagine, if you will, this scenario: You get a big promotion at work and the fellas take you out to celebrate one Friday evening.  Long story short, you get tanked on the revelry....and the beer.  Instead of getting in your car and attempting a dangerous ride home, you decide to pass out in the car to be safe, parked safely in the parking lot across the street from the bar.  Next thing you know, a blue clad bobby is banging on your window and shining his light into your blood shot eyes.  Slip, boom, bam, your headed "downtown," to the station for a DUI.  But wait, you complain, how can I get a DUI when I wasn't even driving a car?  It's called, "driving" under the influence for a reason, right? 

Unfortunately, this injustice has occurred far too many times.  Yes, you can be convicted for a DUI in Alabama without ever driving your car.   A person may be convicted of a DUI in Alabama who is in actual physical control of his vehicle, but not yet driving; even where he is asleep in his parked vehicle.  Does this sentence actually make sense to anyone?  And yes,  this language comes directly from the case. How can you be in actual physical control of your vehicle if you are passed out asleep?  I thought the idea was to keep people from drinking and driving.  This law looks like the kind that has the opposite effect of its intentions.  

I could tell you want more absurdity.  Well here goes.  You can even be convicted of a DUI in Alabama even if the car doesn't work.  I am not joking, even though it sounds like a bad joke, or a nightmare depending on your point of view.  The Court in Mester v. State, 755 So. 2d 66 (Ala. Crim. App. 1999), ruled that a defendant was in "actual physical control" of his automobile even though the car was inoperable.   

I hope readers are starting to see why I believe so much in being a criminal defense attorney.  This kind of thing is anti-American.  Where does it say in the Constitution that you can't get snot slinging drunk if you want, and sleep in your car?  Criminal Defense Attorneys are truly, "liberties last champions." I salute you all. 

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Alabama law is well settled in that, to establish a prima facie case of driving while under the influence of alcohol under § 32-5A-191(a)(2), the state must prove beyond a reasonable doubt that the defendant:

• drove, or was in actual physical control of, a motor vehicle
• while he was under the influence of alcohol
• to such an extent that it affected his ability to operate his vehicle in a safe manner.

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