Whitehead v. State

I respectfully dissent.

Kenneth Vann Whitehead was convicted of driving under the influence of alcohol. The Court of Criminal Appeals on May 19, 2000, affirmed his conviction, by an unpublished memorandum. Whitehead v. State (No. CR-99-0268), — So.2d — (Ala.Crim.App.2000) (table). I would grant Whitehead’s petition for certiorari review because I cannot determine, merely on the basis of the briefs presently before this Court, whether Whitehead was in “actual physical control” of the motor vehicle when he was questioned by police and subjected to a field sobriety test that led to his…