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Pate v. State
Citations: 488 So. 2d 508; 1985 Ala. Crim. App. LEXIS 5645Docket: 6 Div. 786
Court: Court of Criminal Appeals of Alabama; August 20, 1985; Alabama; State Appellate Court
The appellant was convicted of driving under the influence (DUI) in violation of Alabama law after a prior speeding conviction stemming from the same incident. Following her sentencing and fine, the appellant appealed, claiming that her speeding conviction constituted 'former jeopardy' against the DUI charge. She cited Trawick v. City of Birmingham for support. However, the court referenced the recent case of Sporl v. City of Hoover, which overruled Trawick, establishing that two offenses are distinct if each requires proof of an additional fact not required by the other. Consequently, the court affirmed that a prior conviction for speeding does not bar subsequent prosecution for DUI. The analysis from Sporl was further supported by Wright v. City of Montgomery, which emphasized focusing on the identity of the offenses rather than the underlying act. The trial court's dismissal of the appellant's plea was therefore upheld, aligning with precedents that similarly reject double jeopardy claims in related contexts. All judges concurred with the decision.