State v. Shaver

On Application for Rehearing

This Court's opinion of September 17, 1999, is withdrawn, and the following opinion is substituted therefor.

On March 5, 1999, the Montgomery County Grand Jury indicted Michael Shaver for driving under the influence of alcohol (DUI), in violation of § 32-5A-191(a), Ala. Code 1975, after having been convicted of DUI on three prior occasions, a violation of § 32-5A-191(h), Ala. Code 1975. On March 15, 1999, Shaver waived arraignment and pleaded not guilty. (C.R. 8.) On April 2, 1999, Shaver filed a motion to dismiss the indictment, claiming that the circuit court…