Hinson v. State

I respectfully dissent from the majority’s decision affirming, by unpublished memorandum, Hinson’s conviction for driving while under the influence of alcohol (“DUI”). Under the circumstances of this case, I question whether Hinson could be convicted of DUI, because the evidence was undisputed that Hinson’s “control” over his vehicle was limited to backing down his driveway and then driving back up the driveway to his mobile home after he saw a marked patrol car.

The evidence established that Houston County Sheriffs Deputy Gerald Hatcher was patrolling the Triple J Trailer Park when he saw…