Nerud v. City of Mountain Brook

Doris Nerud was convicted of driving under the influence of alcohol and ordered to pay a $400.00 fine and court costs. On appeal, she argues that the circuit court complaint was improperly amended and that the city failed to prove a prima facie case in that the ordinance under which she was convicted was never properly published as required by Alabama Code 1975, Section 11-45-8. We disagree with both contentions and affirm her conviction.

I

The original UTTC charged Nerud with violating Alabama Code 1975, Section 32-5A-191(a)(1) and (2), as amended. Immediately prior to trial in circuit court,…