Vance v. City of Hoover

In a trial de novo in Jefferson Circuit Court, a jury convicted Gary Dee Vance of driving under the influence of alcohol. He was fined $400 and was ordered to pay court costs and to attend DUI school. The only issue raised on this appeal concerns the trial court's denial of the ground of the motion for new trial alleging an improper amendment of the charge.

Subsection (a) of § 32-5A-191, Ala. Code (1975), provides in pertinent part that "[a] person shall not drive or be in actual physical control of any vehicle while: (1) There is 0.10 percent or more by weight of alcohol in his blood [or] (2)…