Lavender v. City of Mobile

TYSON, Judge.

Wilbur Eugene Lavender was charged in the Mobile Municipal Court, via Alabama Uniform Traffic Ticket and Complaint [“U.T.T.C.”], with the following:

“[The appellant] [d]id drive or be in actual physical control of a vehicle while there was .10% or more by weight of alcohol in his blood, BAC .26.” (C.R. 2)

The appellant was convicted in the municipal court and ordered to pay a fine of $250.00 plus court costs. He received a six months’ suspended sentence of imprisonment in the city jail.

The appellant then appealed to the circuit court for a trial de novo. In the circuit court he…