Fearn v. City of Huntsville

James Erskin Fearn was convicted for driving under the influence of alcohol in violation of Ala. Code 1975, §32-5A-191(a)(2), and sentenced to 30 days in the city jail. Fearn raises two issues on this appeal from that conviction.

I

The U.T.T.C. charged that the offense occurred on December3, 1988, at "23:56 M.T." We take judicial notice of the fact that 23:56 military time is the same as 11:56 p.m. The complaint charged that the offense occurred on December 4, 1988. Immediately before trial, the circuit court allowed the city to amend the complaint to charge December 3, 1988. In permitting this…