Grimes v. State

Pamela M. Grimes v. State.

Grimes v. State, 488 So. 2d 8 (Ala. Crim. App. 1986)

Court: Court of Criminal Appeals of Alabama · State Appellate Courts
Decided: January 7, 1986
Judges: Tyson
Citations: 488 So. 2d 81986 Ala. Crim. App. LEXIS 5852

Cited by 10 1 descriptions by later courts

Opinion — Tyson

Pamela M. Grimes was charged by information with driving under the influence of alcohol or a controlled substance. The jury found her "guilty as charged" and, following a sentencing hearing, the trial judge fixed punishment at a fine of $500.00 and thirty (30) days in the county jail, all but forty-eight (48) hours of which was suspended.

Our review of this record uncovers no problem with the weight and sufficiency of the evidence from which the appellant was adjudged guilty. Prescott v. State , 44 Ala. App. 670 , 219 So.2d 655 (1969); Pace v. City of Montgomery , 455 So.2d 180 (Ala.Crim.App. 1984); Swann v. City of Huntsville , 455 So.2d 944 (Ala.Crim.App. 1984); Hanners v. State , 461 So.2d 43 (Ala.Crim.App. 1984).

I The only issue raised on appeal is whether a police officer may testify in a D.U.I. prosecution that, in his opinion, the defendant was intoxicated. Appellant argues that such amounts to an opinion on the ultimate issue of fact and it is, therefore, inadmissible.

In this cause the prosecutor asked the arresting officer if he had an opinion concerning whether or not the appellant was intoxicated. Over objection by defense *Page 9 counsel, the witness was allowed to answer the question and stated that it was his opinion that the appellant "was intoxicated" on the night in question. The prosecution brought forth this testimony only after eliciting evidence of how appellant was driving, that the officer smelled alcohol on her and in the car and that there were empty beer cans in the car. Also evidence was introduced that the officer administered a photoelectric intoximeter test and that this appellant had a reading of .157 on the test. See Patton v. City of Decatur , 337 So.2d 321 (Ala. 1976).

A search of D.U.I. cases in Alabama reveals that a police officer is allowed to give his opinion as to the sobriety vel non of the appellant. See Pierson v. State , 31 Ala. App. 452 , 18 So.2d 578 (1944); Pate v. State , 35 Ala. App. 586 , 50 So.2d 796 (1951); Gladden v. State , 36 Ala. App. 197 , 54 So.2d 607 (1951); Durham v. State , 38 Ala. App. 341 , 83 So.2d 260 (1955); Holloway v. City of Birmingham , 56 Ala. App. 545 , 323 So.2d 726 (1975); Ex parte Bush , 474 So.2d 168 (Ala. 1985).

We have found no error in this record and, therefore, are of the opinion that this cause should be and is, hereby, affirmed.

AFFIRMED.

All the Judges concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(police officer may testify as to the sobriety vel non of an accused)

Spurgeon v. State, 560 So. 2d 1116 (Ala. Crim. App. 1989)

Cited by 10 cases

View all citing references →

Relies on it most ⓘ

Sanders v. City of Birmingham542 So. 2d 325 (Ala. Crim. App. 1988)
Buckner v. City of Huntsville549 So. 2d 451 (Ala. 1989)
Malone v. City of Silverhill575 So. 2d 101 (Ala. Crim. App. 1989)
Grimes v. State491 So. 2d 1053 (Ala. Crim. App. 1986)
Reuther v. City of Leeds599 So. 2d 1246 (Ala. Crim. App. 1992)
Mester v. State755 So. 2d 66 (Ala. Crim. App. 1999)

Most recent

Mester v. State755 So. 2d 66 (Ala. Crim. App. 1999)
Reuther v. City of Leeds599 So. 2d 1246 (Ala. Crim. App. 1992)
Crowell v. City of Montgomery581 So. 2d 1130 (Ala. Crim. App. 1990)
Spurgeon v. State560 So. 2d 1116 (Ala. Crim. App. 1989)
Malone v. City of Silverhill575 So. 2d 101 (Ala. Crim. App. 1989)
Buckner v. City of Huntsville549 So. 2d 451 (Ala. 1989)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 11

Depth	Case	Cited by
	Gladden v. State, 54 So. 2d 607 (Ala. Ct. App. 1951)	15
	Pierson v. State, 18 So. 2d 578 (Ala. Ct. App. 1944)	9
	Durham v. State, 83 So. 2d 260 (Ala. Ct. App. 1955)	6
	Prescott v. State, 219 So. 2d 655 (Ala. Ct. App. 1969)	3
	Pate v. State, 50 So. 2d 796 (Ala. Ct. App. 1951)	2
	Patton v. City of Decatur, 337 So. 2d 321 (Ala. 1976)	48
	Bush v. City of Troy, 474 So. 2d 168 (Ala. 1985)	40
	Swann v. City of Huntsville, 455 So. 2d 944 (Ala. Crim. App. 1984)	39
	Pace v. City of Montgomery, 455 So. 2d 180 (Ala. Crim. App. 1984)	24
	Hanners v. State, 461 So. 2d 43 (Ala. Crim. App. 1984)	12
	Holloway v. City of Birmingham, 323 So. 2d 726 (Ala. Crim. App. 1975)	6

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