Jemison v. State

The appellant was convicted of driving under the influence of alcohol, in violation of § 32-5A-191(a)(2), Code of Alabama (1975), in the district court of Mobile County. He was fined $250.00 plus court costs and ordered to attend D.U.I. school. Thereafter, appellant appealed his conviction to the Mobile County Circuit Court and a trial de novo was held in front of a jury. The appellant was again found guilty; he was sentenced to 30 days in the county jail, fined $500.00 plus court costs, and ordered to attend D.U.I. School.

I

The appellant argues that the prohibition in §32-5A-191(a)(2) which…