Alabama DUI Lawyer Blog

In my work as a Birmingham, AL, drunk driving defense lawyer, I know how serious a fatal drunken driving arrest can be. Anytime a motorist is put on trial for a fatal alcohol-related traffic accident, the cards are already stacked against that person. Such would appear to be the case for a 71-year-old driver who was allegedly intoxicated when his truck struck and killed a U.S. Marine traveling to meet family in Alabama.

According to news reports, police issued several warrants for the arrest of Bruce Joseph Quayle following the early March death of a 21-year-old Marine lance corporal and severe injury of the soldier’s 19-year-old wife. The warrants for Quayle’s arrest include vehiclular homicide, serious injury by vehicle, driving under the influence of alcohol, reckless driving and driving on the wrong side of the road.

The crash that killed Lance Corporal Gregory Suedmeyer occurred on Mach 13 when, according to witnesses, Quayle's ‘08 Chevy Silverado collided with the Suedmeyer's car head-on as they were riding westbound on I-20. Suedmeyer wife, Katelyn, received serious injuries during the accident. Police reports show that the couple’s dog was killed in the fatal DUI wreck.

Lance Corporal Suedmeyer, whose family is from the Huntsville area, was transported to Grady Hospital where he died not long after from injuries sustained in the crash. Katelyn Suedmeyer was transported by air ambulance to a local hospital where she was listed in critical but stable condition a few days later.

Quayle reportedly was transported to another local hospital where he was listed in critical condition. Police said that the warrants for Quayle’s arrest would be served as soon as the man was released from the hospital.

Warrants issued against man accused of Marine's death, WAFF.com, March 18, 2010

Drunken driving, or DUI (driving under the influence), is a chargeable offense in Alabama, not only on public roads but also on public waterways throughout the state. As a Birmingham drunk driving defense lawyer, my advice to anyone taking the wheel of a car or the helm of a boat is don’t do it if you've had too much to drink. Impaired judgment can result in a lifetime of hardship. Kill someone while intoxicated from alcohol or prescription drugs and you run the risk of jail time as well.

This scenario played out for a Montgomery, AL, man who recently received his sentence for a 2008 boating accident on Lake Martin in Elmore County. According to reports, 22-year-old Patrick Leigh Cumbie had a blood-alcohol content (BAC) of 0.19 percent on an August night in 2008 when the speedboat he was piloting ran into a pontoon boat carrying a large number of people from Prattville.

According to court records, the crash killed Donnie Tatum and severely injured the man’s sister-in-law, Sue Tatum. Ms. Tatum was knocked unconscious as a result of the impact and reportedly died in the hospital several months later. Three other people aboard the pontoon boat were also injured, but not seriously.

According to court reports, Cumbie had pleaded guilty to the deaths of Sue and Donnie Tatum in exchange for a plea deal. Relatives of the two deceased individuals also asked the court for leniency.

Cumbie was sentenced to 24 months for homicide by vessel, another 24 months for second degree assault, both felonies, and 12 months each for three misdemeanor assault charges -- all to run concurrently based on the plea arrangement. Court records showed that Elmore County Circuit Judge Ben Fuller sentenced Cumbie to a year in the Elmore County Jail, followed by three years' probation.

Lake Martin double-fatal boat wreck: Family asks judge for leniency in BUI case, AL.com, January 12, 2010

Cumbie sentenced after boating DUI deaths, WSFA.com, January 11, 2010

An Elkmont, Alabama, resident was recently sentenced to life with a chance of parole for the alcohol-related traffic death of a 30-year-old mother and severe injury of the woman’s young daughter when he crashed into their family car last year. As a Birmingham drunk driving lawyer, I provide DUI defense to persons accused of driving while intoxicated. This case involved a serious violation of Alabama DUI laws, as well as other traffic regulations, so the resulting decision and sentence is not that surprising.

According to news reports, Stanley Lynn Wray had eight previous drunk driving convictions prior to the accident that killed Carrie Ann Gooch Nave in April 2008. Police reports showed that Wray was already on probation for an earlier conviction of felony DUI in 2006 when his car slammed into the family’s vehicle.

Having a felony DUI conviction meant that Wray already had three or more convictions for drunk driving over a span of five years.

Riding in the car with Nave was her husband Chad and their daughter Columbia. The three were traveling home from the Piggly Wiggly grocery store in Elkmont when the accident happened around 5pm in the afternoon. The force of the crash severely damaged the front and driver’s side of the vehicle, and although Nave was wearing her seat belt and the car’s air bag deployed, she did not survive the crash.

Columbia Nave was seriously injured, with a fractured right wrist, left elbow, ribs and femur. She was flown by MedFlight helicopter to Huntsville Hospital. Chad was treated for minor injuries at Athens-Limestone Hospital, along with Wray.

According to court records, Wray had consumed a great quantity of alcohol prior to the accident. Right after the crash, Wray’s blood-alcohol content (BAC) measured 0.319 percent and higher, according to police.

Wray was initially charged with violating probation on the DUI, but later charged with reckless murder for killing Nave, as well as assault for seriously injuring Columbia. In court, the defendant entered a blind guilty plea last June. This essentially meant that he had no plea agreement and would take his chances at sentencing.

Although he requested leniency, Limestone Circuit Judge Bob Baker gave Wray the maximum sentence allowed by law for reckless murder -- life with chance for parole. Baker also sentenced Wray to simultaneously serve 20 years for first-degree assault for seriously injuring Nave’s daughter.

Wray sentenced to life in prison, eNewsCourier.com, September 8, 2009

As a Birmingham drunk driving defense lawyer, I have represented many motorists accused of being drunk at the time of an accident. I’m especially concerned for my clients with DUI incidents involving injury accidents. Alabama’s local and state police take a very dim view of drivers who even have the slightest appearance of intoxication. When others have been hurt or killed, law enforcement and the courts are highly suspicious of the circumstances especially where alcohol is concerned.

A recent news article reported a surprising trend in DUI crashes involving female drivers. Apparently, a study of accidents between 2007 and 2008 showed an increase in the number of impaired female drivers involved in automobile accidents, including fatal crashes. This reminded me of a DUI-related accident that injured an Alabama motorcyclist the other day.

According to police, Tanya Perez of Springhill, Florida, collided with the motorcycle being driven by an Elba, AL, man. The 31-year-old woman was allegedly driving on the wrong side of the road in her 1997 Ford when her vehicle struck the motorcycle of Terry Williamson, who lost a leg during the accident.

When emergency crews arrived at the scene, Williamson, 43, was treated and immediately transported to Troy Regional Medical Center. The severity of his injuries required hospital staff to airlift the man to Baptist South in Montgomery.

Police reports indicate that the accident was caused by the woman’s intoxication. Perez was taken into custody and held in the Pike County Jail following the accident. This is a serious situation for this woman. Being from out of state as she is, and allegedly having caused severe injury to another driver, Perez will need to retain an experienced drunk driving defense attorney to handle her case.

Woman faces DUI charges after motorcycle wreck, TroyMessaenger.com, August 18, 2009

Women involved in increasing number of DUI Crashes, KTNV.com, August 22, 2009

As a Birmingham drunk driving defense lawyer, I know that a DUI-related traffic accident can become very complicated when injuries are involved. Multiple-vehicle accidents can, of course, result in serious injuries and sometimes death. However, driving while intoxicated and hitting a pedestrian or cyclist can up the ante significantly in the eyes of a local prosecutor. This is why anyone arrested in Alabama for driving under the influence of alcohol should retain the services of a qualified DUI defense attorney.

A recent news story coming out of Baldwin County, AL, details an all too common scenario involving an inebriated motorist and several unlucky bicyclists. According to police reports, three cyclists were pedaling on a Saturday morning along County Road 1 just south of Point Clear. Around 8:30 a.m. the three were hit by a driver identified as Bradford Maples, a resident of Fairhope, AL.

Alabama State Troopers discovered the injured bicyclists, including Angela Ross, Craig Ross and Tracey Wall, all from Fairhope as well. Emergency personnel treated the three at the scene and then transported them to hospitals for further examination. Wall was airlifted to the University of South Alabama Medical Center USA Medical Center in Mobile, while the other two cyclists were taken to Fairhope’s Thomas Hospital. According to new reports, none of the injuries appeared to be life-threatening.

Police arrested the allegedly drunk driver on charges of DUI. Authorities said that they may press additional charges in the future. Being an experienced DUI defense lawyer, I can say that the injuries sustained by those bicyclists may cause additional difficulty for Mr. Maples. Also, if this is not his first DUI offense, I know for certain that repeat drunk driving offenders are looked on very dimly by law enforcement and judicial authorities. If so, he will no doubt need professional representation during his trial, assuming the charges are valid.

Bicyclists Hit By Suspected Drunk Driver, wkrg.com, August 22, 2009

DUI laws for Alabama municipalities appear to be too lenient based on news coming out of Huntsville lately. In the wake of the violent drunk driving traffic deaths of two teenagers on April 17, Mayor Tommy Battle and the Huntsville City Council are actively seeking more stringent legislation for those with previous drunk driving offenses.

At the Huntsville City Council meeting last week, members demanded to know why municipal DUI offenders are not subject to the same three-strike rule as the state requires when it comes to driving under the influence of alcohol. According to reports, the man who sped through an intersection that Friday night -- hitting and killing Grissom High School sophomore, Leigh Anna Jimmerson, 16, and her boyfriend, Tad Mattle, 19 -- already had an outstanding warrant for a previous drunk driving offense.

According to authorities, the 25-year-old suspect, Felix Dominguez Ortega, has been arrested previously under the name Adan Herrera. Police also claim that Ortega has used the names Reynaldo Martinez and Juan Sanchez. Being held in the Madison County jail on $2 million bond pending trial, he has been charged with two counts of murder, as well as with possession of a forged instrument and operating a vehicle without a valid driver's license.

Every drunk driving offense is serious, but when deaths are involved the situation can be very challenging for the defense. Regardless, in our legal system every defendant has the right to be represented when his day in court arrives. The charges against the defendant in this case make it all the more important to have a skilled legal professional on his side.

This latest DUI-related traffic death has ignited calls for tougher laws. As it stands now, a third-time municipal DUI offense does not automatically result in a felony on a driver’s record. This could change in the months to come, as Mayor Battle recently announced his plans to effect a change in the law. Working with state representatives, Battle has helped create House Bill 260, containing legislation that the bill’s authors hope will lower the number of DUI's in Huntsville, and across the state.

If you or anyone you know finds themselves accused of DUI, we highly recommend that you seek the services of a qualified and experienced Alabama DUI Lawyer. Eversole Law has the skills and the knowledge to provide a quality defense for clients in Birmingham and surrounding areas.

Huntsville Officials React to DUI Deaths, WAAYTV.com, April 23, 2009

Overflow crowd fills church for Leigh Anna Jimmerson's funeral, AL.com, April 22, 2009

Police: Crash suspect has warrants for DUI, AL.com, April 21, 2009

A Cottonwood, Alabama, man recently received a 100-year jail sentence following his conviction for a fatal 2006 traffic accident that resulted in the deaths of the man’s wife, 10-year-old son and young friend. All three were killed when the car they were riding in, driven by the father, 34-year-old Kenneth McDaniel, swerved into the path of an oncoming tractor-trailer. McDaniel, who was charged with DUI manslaughter and assault, had a blood alcohol content of 0.055% an hour after the crash. The legal blood-alcohol content in Alabama is 0.08%.

While we all sympathize with families of the victims of this terrible accident, there is no way that this man should have received a conviction for driving under the influence, or that alcohol was a contributing factor in the deaths of his family and young passenger. First of all, his blood alcohol may have actually been rising at the time of the accident.

For instance, if he recently had a beer with dinner his blood alcohol content was likely rising, not falling (as I am sure the prosecution contended). Furthermore, in order to prove alcohol was a factor in the deaths of his family members, the state of Alabama would have to prove that his driving was effected by the alcohol. It seems the only evidence that alcohol effected his driving is the crash itself, and there was testimony in the case that McDaniel only had one beer on the night of the crash.

This case should wake the people of Alabama up. If you drink at all, have beer or wine with dinner, and are involved in an accident while going home, you may be charged with DUI manslaughter and assault. For one beer or a glass of wine you or a loved one could end up in jail for 100 years. This is an absolute tragedy upon tragedy. How much more can the State of Alabama take from the man?

Cases like these are why I am an Alabama DUI and Criminal Defense lawyer and attorney. It makes me ashamed that Federal Highway dollars and the constant lobbying of the MADD Mothers Against Drunk Drivers have caused a free country to come to this. I can only hope this case can be overturned on appeal. It should be shocking that an accident can sentence someone to 100 years in prison when an outright murder carries far less time. The judge that sentenced this man should be ashamed of himself as well. Of course, this judge is just pandering to the constituency that elects him by trying to appear tough on crime, so maybe we all should be held accountable as well.