Kelley v. State

McMILLAN, Judge.

The appellant was found guilty of driving under the influence of alcohol, in violation of § 32-5A-191(a)(l) and (2), Code of Alabama (1975), in the District Court of Baldwin County. He was ordered to pay a fine of $300.00 plus court costs and to attend D.U.I. school. The appellant thereafter appealed his conviction to Baldwin County Circuit court and he was granted a trial de novo. He was again found guilty and was sentenced to seven days in the Baldwin County Jail and fined $1,000 plus court costs.

Larkus M. Smith, a state trooper with the Department of Public Safety, was the…