Peters v. City of Phenix City

The appellant, Joseph Randolph Peters, was convicted after a jury trial of driving under the influence of alcohol, in violation of a municipal ordinance of the City of Phenix City (hereinafter "the City"). He was sentenced to 60 days in jail and was fined $700.

The appellant raises several issues on appeal; however, we need only address the City's failure to prove and plead the ordinance by which it adopted § 32-5A-191, Code of Alabama 1975, the violation for which the appellant was prosecuted and convicted. At the close of the City's evidence, the prosecutor asked the trial court to take…