Alabama DUI Lawyer Blog

An Alabama man was recently sentenced to a maximum of 20 years in prison for driving under the influence when he killed a U.S. serviceman on February 2, 2008. According to news reports, Kenneth Allen Keith, a resident of Birmingham, AL, was drunk when he drove head-on into another vehicle driven by Tech. Sgt. John W. Templin, 42. According to court records, the 47-year-old Keith had two previous misdemeanor DUI convictions, as well as a prior felony conviction, which did not involve alcohol of drung DUI.

As a Birmingham DUI defense lawyer, I have represented clients with similar backgrounds charged with driving under the influence of alcohol. In this case, the charge of vehicular homicide was very serious, and should have required the services of a drunk driving defense attorney. The man’s prior drunk driving history likely did not help his case. This is probably why the defendant entered a guilty plea.

According to reports, Keith had a blood-alcohol content (BAC) of 0.20 percent -- more than twice the legal limit of 0.08 in Mississippi where the accident occurred. Apparently driving in an intoxicated state, Keith lost control of his Toyota Tundra and allowed it to cross into the oncoming lanes of Pass Road near Stennis Drive. His pickup struck a 2003 Mitsubishi Montero driven by Templin, a native of Minnesota.

Following the guilty plea, Harrison County Circuit Court Judge Roger Clark sentenced Keith to 20 years in prison for the DUI-related traffic death. Based on the law in that state, the man must serve 85 percent of his term, which comes to 17 years.

It has been suggested that the judge based his decision, in part, on the fact that the Keith had prior DUI convictions. Reports also indicate that judges in that part of the country are leaning toward the high end of the sentencing guidelines when it comes to felony DUI homicide cases involving a prior DUI conviction.

Man gets 20 years for DUI in deadly collision, SunHearld.com, October 20, 2009

As a Birmingham DUI defense lawyer, I have noted how much funding is going toward traffic safety campaigns, which includes drunk driving enforcement. Much of these funds go for increased patrols looking to catch Alabama drivers allegedly operating their vehicles under the influence of alcohol. Millions of dollars are provided by the federal government to the state every year to combat DUI violations. While I commend our police and law enforcement agencies for making our streets and highways safer, I sometimes question how these monies are used, and whether innocent motorists are harassed by drunk driving patrols and sobriety checkpoints.

According to a news article, Alabama has targeted eight counties for highway traffic safety enforcement over the coming 12 months. Governor Riley awarded $4.1 million in grants to fund highway safety programs around the state including campaigns named “Drunken Driving. Over the Limit, Under Arrest,” and “Click it or Ticket.” The state has focused the funding on eight of Alabama’s sixty-seven counties and has based this, in part, on those areas’ tendency toward higher rates of traffic accidents, injuries and fatalities.

According to reports, Alabama is expecting an increase in the number of DUI arrests now and into 2010. Statistics from the Highway Safety Department demonstrate that there are more drunk driving arrests around holidays, while reckless driving appears to be more of a problem on Wednesday through Saturday.

The grant monies reportedly go towards equipment, education and paid overtime for officers. New articles indicate that the educational aspect of these programs is making a difference, as there is a marked shift downwards in the incidences of drunk driving arrests and a rise in the number of people wearing their seatbelts when those educational campaigns are in full swing.

The counties receiving funds include Autauga, Bullock, Elmore, Lee, Lowndes, Macon, Montgomery and Russell.

Start of Semester Spike in DUI Arrests, ThePlainsman.com, September 30, 2009

As a drunk driving defense attorney located in the Birmingham, Alabama, area I have much experience with DUI arrests, as well as understanding the impact of a drunk driving conviction on people’s lives. So it was with much relief that I read about a reduction in DUI arrests over the last Labor Day holiday versus the year before.

As a fellow motorist, I am pleased to know that rates of drunken driving have dropped, but as a DUI defense lawyer I do not see this as an end to unjustified drunk driving stops, arrests and summonses. From my extensive work in this area, I know that a percentage of drunk driving arrests do not hold up in court. This is why I fight hard for every client I represent.

This latest drop in Labor Day DUI arrests may be attributable to the public’s awareness that local and state police agencies are constantly on the lookout for DUI violations and associated traffic offenses. According to the news, 25 DUI arrests were made during this past Labor Day holiday, which compares favorably to the 39 arrests made in 2008. This is a 35-percent decrease year over year.

In case you’re thinking this is due to less driving or poor economic conditions, it is important to note that during that same weekend police logged a 55-percent increase in seat belt violations; a 48-percent increase in speeding citations; 66-percent more citations for operating a vehicle without proper insurance; and two-fold increase in citations given out for driving without a license.

According to the news article, police officers around Alabama racked up 1,368 hours during the recent Labor Day campaign and made nearly 3,600 “contacts” with motorists. Don Watkins, program coordinator for the North Alabama Highway Safety Office program coordinator, said that they didn’t have as much money last year to provide to police departments, so they only had 900 hours. “It stands to reason the more money for overtime, the more hours can be spent on the streets working traffic. That adds up to more contacts, which usually means more citations," Watkins said.

Statistics indicate traffic campaigns are working, TimesDaily.com, October 18, 2009

A Cullman, Alabama, motorist was recently arrested on charges of vehicular homicide in the tragic deaths of her mother and four-year-old daughter, according to news reports. Jacquelynne Cosper, a 29-year-old mother was picked up recently by police after an investigation revealed that she was allegedly driving under the influence of alcohol prior to the June traffic accident that killed the two family members riding in her car.

As a Birmingham drunk driving defense lawyer, I know the pain of families who lose loved ones in traffic accidents. A charge of vehicular manslaughter due to alcohol use is crushing. In this case, Ms. Cosper has the added burden of having been the driver of the car in which her young daughter and mother were killed. There is no easy way to approach such a case, but one thing is certain, retaining professional legal counsel is the wisest choice.

According to news reports, the Cullman County woman was arrested on a grand jury indictment charging her with vehicular homicide as well as DUI, plus not using a child restraint for her daughter

According to Alabama State Trooper reports, the deaths occurred on June 6 on County Road 1545 in Fairview, AL. The police report presented to the Cullman County district attorney’s office stated that Cosper was driving her 2007 Ford southbound when she entered a curve at a high rate of speed, causing the vehicle to leave the roadway and smash into a tree.

The victims were identified as Linda Pope, 50, and Raegan Walker, 4, both of Cullman County. Obituaries appearing in the June 9 edition of The Cullman Times identified Pope as Cosper’s mother and Walker as Cosper’s daughter.

According to news reports, police believe that Cosper was under the influence of alcohol at the time of the accident. Because of this she is charged not only with DUI, but also vehicular homicide. In Alabama, homicide by vehicle is a special statute, which essentially states that if a motorist violates any traffic law that is below a felony and causes a death, he or she can be charged with homicide by vehicle. The Cullman County prosecutor’s office is using this as the basis for the charge against Ms. Cosper.

Woman charged in vehicular homicide professes innocence, CullmanTimes.com, October 17, 2009