Alabama Cases

Ex Parte Parker, 740 So.2d 492 - Statute providing that person convicted of DUI is guilty of felony if conviction is fourth or subsequent conviction within five years is a sentence-enhancement provision and does not state a substantive offense.

Johnson v. State, 1999 WL 398980 (Ala. Crim. App.) - Prior convictions are not elements of felony DUI and may not be considered by jury.

Washburn v. Town of Blountsville, 73 So. 2d 1146 (Ala. Crim. App. 1999) - based on stipulated evidence, evidence insufficient to support traffic stop and insufficient to support convictions for reckless driving and DUI.

Ex Parte Young, 489 So. 2d 1106 (Ala. 1986) - Mere suspicion, without more, is not sufficient justification for stopping a vehicle; however, if the officer can point to facts which lead to his articulable and independent reasonable suspicion that the occupant has violated some law, then the stop is justified.

Martin v. State, 529 So. 1032 (Ala. Crim. App. 1988) - Factors that are less than probable cause, but that can contribute to a reasonable suspicion, include:

1. "erratic or evasive" driving by the operator of the vehicle;
2. the "appearance of the vehicle" or those in it;
3. where and when the vehicle is stopped, for example, in an area known for narcotics activity; and
4. the "experience of the police officer."