Alabama DUI Lawyer Blog

As a Birmingham DUI defense attorney, I represent individuals from Centerpoint, Bessemer, Anniston and Helena, as well as other municipalities across Alabama who have been charged with drunken driving. Whether a motorist is charged with driving while intoxicated, arrested for an alcohol-related injury accident or been taken into custody for breath test refusal following a DUI traffic stop, the consequences are all highly undesirable.

Recently, a news report showed what can happen as a result of bad choices when it comes to alcohol and driving while inebriated. According to police, a Clanton, AL, driver was charged with felony drunk driving as well as assault with a motor vehicle. The accident that precipitated the charges occurred on the evening of February 8 when a pickup truck apparently crossed the centerline and collided head-on with another vehicle.

Police records show that 30-year-old John Wesley Stewart was arrested and placed in the Chilton County Jail following the accident. According to the Clanton Police Department, suspect’s mid-size pickup truck collided with an SUV on Alabama Highway 22 West near LeCroy Career/Technical Center just before 10pm on a Monday evening.

The accident reportedly send all four of the SUV’s occupants to the hospital, including two children, as well as the Stewart. Police investigating the crash scene were reported to have commented that all the victims were “lucky to be alive.”

Clanton Police said that the family riding in the sport utility vehicle was from the Maplesville, Alabama, area. Based on the news reports at the time, one of the kids had been released from Children’s Hospital a couple of days after the crash. Two of the adult victims were supposedly undergoing surgery.

The pickup driver, who already had been charged with felony DUI and felony assault first degree, may also have been facing additional charges at the time and bond had not yet been set as a result.

Driver charged with felony DUI, assault, ClantonAdvertiser.com, February 10, 2010

As a drunk driving defense lawyer practicing in the Birmingham area, I understand how a few drinks can wind up costing a driver his or her license. Driving under the influence of alcohol (or DUI) can be costly in more ways than one. Whether you live or work in Montgomery, Hoover, Dothan or Decatur, being arrested for driving while intoxicated is never a minor matter. Local and state police have a very strict policy against drunken driving, which makes any kind of DUI arrest or drunk driving charges a serious situation.

Because of Alabama’s continued crackdown on inebriated drivers and other traffic violations, it comes as no surprise that deaths on our state’s highways have dropped from previous years. Not long ago law enforcement authorities announced progress in reducing highway fatalities. According to a report, Alabama traffic safety officials anticipated a 35 percent decrease in the number of state trooper-investigated highway deaths since 2006.

As of the end of 2009, troopers had investigated more than 500 highway fatalities. In 2006, about 800 deaths were reported by the end of the year. According to news reports, much of the reduction in deaths to law enforcement agencies focusing their efforts on areas where a large number of fatal crashes happen over time.

Statistics can result in police setting up sobriety roadblocks, also known as drunk driving checkpoints, during late evening and early morning hours. These checkpoints are designed to net drivers who may have been drinking and driving.

News reports show that state transportation officials instituted a series of “Take Back Our Highways” blitzes, during which 300 troopers patrolled the state 24 hours a day for a week at a time. Police also bought Dodge Chargers and motorcycles for patrols and even partnered with the Alabama Trucking Association to spot motorists driving unsafely around 18-wheelers.

State police also attacked drunken driving by taking advantage of funding from ADECA to buy so-called “Batmobiles,” which let officers check blood-alcohol levels in the field. The number of DUI arrests was up by more than 900 in 2009, according to news reports. Apparently, Alabama’s success in this area has also prompted surrounding states to adopt similar programs and procedures.

Although quite a few innocent drivers are charged with DUI offenses as a result of increased anti-drunk driving enforcement, there have apparently been noticeable improvements. For example, in 2009 there were 700 fewer injuries in trooper-investigated wrecks since 2006, as well as 500 fewer traffic crashes.

State efforts cited as fewer die in road crashes, AL.com, December 27, 2009

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

Drunken driving, driving under the influence (DUI) and intoxicated driving. Whether you live in Montgomery, Birmingham, Huntsville or anywhere else in Alabama, these simple words cannot cover the range of possible scenarios too numerous to list here. As a Birmingham drunk driving defense lawyer, I have represented many individuals in dozens of drunk driving cases. Some are minor, some others are terribly grave.

One recent news article shows what can happen when a driver mixes a little bit of alcohol with a motor vehicle and a public road. Whatever your experience in this area, even under the best circumstances the personal price of drunk driving can prove truly devastating. But when a fatality is involved, that is when you need to consult with a legal expert in the field of DUI defense.

According to news reports, a Roanoke woman was recent arrested and charged with driving under the influence and negligent homicide when her actions allegedly resulted in a fatal wreck in Auburn, AL, earlier this year. Reports indicate that two Alabama women lost their lives as a result of the accident, which occurred along Interstate 85 on May 17.

Dana McFarland, 33, and Kenneka Houston, 25, were passengers in the back seat of a vehicle driven by the suspect, 29-year-old Sabrina Renee Sutton. The vehicle was apparently stalled on the highway when a pickup truck rear-ended the car, killing the two rear-seat passengers. The driver of the pickup apparently was not charged in the accident, having told police that the truck couldn’t be stopped in time to avoid the collision.

Following the crash, Sutton and a front-seat passenger, Ayonna Sutton, then 26, were both taken to East Alabama Medical Center in Opelika for treatment of their injuries. The driver of the pickup truck was reportedly unhurt in the accident.

Now, nearly five months later, it would seem that the authorities feel Sutton’s actions resulted in the deaths of those two back-seat passengers. According to reports, police arrested the woman on October 4 and charged her with driving under the influence (DUI) as well as criminally negligent homicide.

Roanoke woman charged in fatal wreck, TheRandolphLeader.com, October 28, 2009

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

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

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, Alabama, drunk driving lawyer, I have defended many clients charged with a DUI-related fatality. Because everyone deserves a proper defense under the law, I am ready to act in these individual’s best interests. At the same time, I must question some driver’s decision-making abilities whenever they mix alcohol and automobiles.

If there is one thing I always tell friends and neighbors alike, when it comes to drunk driving and other DUI violations, please don't make things worse on yourself by pulling another person in on your mistake. Sure, other grownups are fully able to decide for themselves if they want to ride with someone who is obviously intoxicated, but a youngster, that’s pushing the limits of personal responsibility.

Here in Birmingham, and across Alabama, my lawfirm represents numerous clients who have been charged with a wide range of drunk driving offenses, not to mention driving under the influence of prescription or illegal drugs. Some of these folks are out-of-towners who got caught up in the moment and were pulled over by an Alabama state patrolman or municipal law enforcement office. A recent news story points up the tragedy of driving drunk with a minor child in the car, or in this case on ON THE CAR!

According to news reports, a man traveling through DeKalb County was recently taken into custody by Fort Payne police and is awaiting extradition to Whitley County, Kentucky, where he will be tried for a drunk driving fatality in early July. James Harold Jones, of Fort Payne, AL, faces charges of reckless homicide and driving on a DUI suspended license in that state.

The incident that triggered Jones’ arrest occurred on July 4 when the man’s 13-year-old niece, who was reportedly riding on the trunk of his vehicle, fell off the car and hit her head on the pavement. Hailee Martin was taken by helicopter to the University of Tennessee Medical Center for treatment of head trauma. A few days later she died from injuries sustained in the accident.

Almost a month later, Fort Payne police contacted the Kentucky State Police after verifying that Jones was, in fact, the man listed on the National Crime Information Center database. He was arrested without incident here in Alabama.

It goes without saying that anyone arrested for or charged with DUI, driving under the influence of drugs, or breath test refusal should immediately contact an experienced drunk driving attorney to better understand his or her rights. Remember, drunk driving convictions can be damaging to your future, so don't take chances with yours.

Uncle arrested for death of teen, TheTimesTribune.com, August 6, 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.