Frazier v. City of Montgomery

Terry L. Frazier was convicted by a jury of driving under the influence of alcohol. He was subsequently sentenced to six months' imprisonment, fined $1000, and ordered to attend DUI school and to pay court costs. Two issues are raised in this appeal from that conviction.

I

The first issue raised by Frazier appears to involve a three-part argument: 1) that he was prohibited from discussing in his opening remarks the "per se violation" under Ala. Code 1975, § 32-5A-191(a)(1); 2) that the city failed to prove a prima facie case under § 32-5A-191(a)(1); and 3) that the trial court failed to…