Deferred Prosecution of Alabama DUI Charge may Restore Councilman to Position

Posted by Steven Eversole | May 06, 2011 | 0 Comments

Deferred prosecution of Alabama DUI charges could help a Fultondale city councilman get his job back, the Birmingham News reported.

There are many ways a Birmingham drunk driving defense attorney can attack a case. Alternative sentencing can be an option in some cases. And pushing for a reduction in charges is often possible, particularly for a first-offense DUI charge in Alabama.

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The 27-year veteran of city council was removed after missing 90 days of council duties; the city has moved to fill the vacancy. He was arrested Dec. 15 at Montevallo Road and Pine Crest Road. The agreement with prosecutors means he will not be prosecuted for drunk driving if he completes counseling and public service. He is now seeking to be restored to his old position on council.

Other ways to challenge a case include:

-Questioning the accuracy of field sobriety testing.

-Questioning or explaining physical signs of intoxication.

-Other issues with field sobriety testing.

-Issues that may affect breath test results.

-Conduct and training of the officer involved.

-Probable cause for the traffic stop.

-Review of video evidence.

-Maintenance of breath testing machine.

-Improper filing of charges.

-Inaccuracy of blood test results.


Birmingham DUI Defense Attorney Steven D. Eversole can be reached at 866-831-5292.

About the Author

Steven Eversole

J.D., Samford University's Cumberland School of Law, Birmingham, Alabama B.A., University of Alabama, Tuscaloosa, Alabama

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