Staehly v. City of Cedar Bluff

TAYLOR, Judge.

The appellant, Tony Ray Staehly, was convicted of driving under the influence of alcohol, a violation of municipal ordinance number 49 of the City of Cedar Bluff. He was sentenced to a 6-month jail term, which sentence was split, with the appellant to serve 8 days in jail and 12 months on probation. He also was ordered to pay a $500 fine and court costs.

At the close of the prosecution’s evidence, the appellant moved for a judgment of acquittal based on the City’s failure to prove a prima facie case. The appellant argued that the motion was due to be granted because, he said, the…