Davis v. State

TYSON, Judge.

John Leonard Davis was charged with and convicted of driving under the influence in violation § 32-5A-191(a)(2), Code of *1306Alabama 1975. The jury found him guilty of “driving under the influence of alcohol to a degree which rendered him incapable of safely operating the vehicle at the time complained of in this case” and he was fined $250 and costs. He appeals.

On the morning of October 28, 1988, State Trooper Albert Russell saw the appellant speeding and driving erratically on 1-65 near Birmingham, Alabama. After Russell stopped the appellant, he determined that the appellant was…