Sturgeon v. City of Vestavia Hills

The appellant appeals his conviction for driving under the influence of any substance that impairs the mental or physical faculties, in violation of § 32-5A-191(a)(5), Code of Alabama 1975. He contends that the trial court erred in denying his motion for judgment of acquittal because the State proved that he was under the influence of alcohol, but failed to prove that he was under the influence of "any substance" as required by §32-5A-191(a)(5) and as charged in the traffic citation.

The record reveals that the evidence presented by the State in support of the conviction indicated that the…