McLaney v. City of Montgomery

Gwendoline Newman McLaney was convicted of DUI in violation of Ala. Code 1975, § 32-5A-191(a)(2), and for driving with a suspended license, see § 32-6-19. She raises three issues on this appeal from those convictions.

I

The defendant argues that she could not be convicted for DUI because she was not observed driving and because her car was inoperable at the time of the alleged offense.

Two officers were on routine patrol when they heard a crash, looked across the street, and observed the defendant's automobile stuck on a wooden railroad "tie" in the middle of the service road. The defendant was…