City of Decatur v. Lindsey

The appellee, Theron Glen Lindsey, was convicted in the Decatur Municipal Court of driving under the influence ("DUI"), a violation of § 16-1, Code of Decatur. The municipal court sentenced him to serve forty days at hard labor and imposed a $600 fine. The appellee appealed his conviction to the circuit court and moved to dismiss the charge against him, alleging that § 16-1(e), Code of Decatur, was void because it was inconsistent with § 32-5A-191, Ala. Code 1975. The circuit court granted the appellee's motion to dismiss, finding that § 16-1(e), Code of Decatur, is void because it "violates…