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Cato v. City of Montgomery

Citations: 568 So. 2d 390; 1990 Ala. Crim. App. LEXIS 172; 1990 WL 64676Docket: 3 Div. 271

Court: Court of Criminal Appeals of Alabama; April 12, 1990; Alabama; State Appellate Court

Narrative Opinion Summary

The case involves the appeal of a defendant, initially found guilty of DUI, improper lane usage, and driving with a revoked license, following his arrest on March 23, 1988. After pleading guilty to driving with a revoked license, the defendant was tried and convicted by a jury for DUI and improper lane usage. His blood alcohol content was measured at .18%, surpassing the legal limit, and he sought to suppress these results, arguing the denial of a reasonable chance for an independent test. The court upheld the admissibility of the police-conducted test, noting that Alabama law allows for such results even if an independent test isn't obtained, provided the defendant has reasonable means to arrange one, such as phone access. Furthermore, the defendant's challenge to the jury selection process was dismissed. The trial court's decision to retain a juror with preconceived notions about alcohol's effect on driving was affirmed, given the juror's assurance of impartiality based on evidence alone. Consequently, the appellate court affirmed the lower court's judgment, sustaining the DUI conviction and associated penalties.

Legal Issues Addressed

Admissibility of Blood Alcohol Test Results

Application: The court ruled that the police-conducted blood alcohol test results were admissible despite the defendant's inability to obtain an independent test.

Reasoning: The court ruled that the admission of the police-conducted test results was valid under Alabama law, which states that failure to obtain an independent test does not invalidate the primary test results.

Juror Impartiality and Preexisting Bias

Application: The trial court's decision to retain a juror who admitted to a belief about alcohol's impact on driving was upheld because the juror confirmed he could judge the case based solely on evidence.

Reasoning: The trial judge questioned the juror, who affirmed he could set aside his bias and base his decision solely on the evidence presented.

Right to Independent Blood Alcohol Test

Application: The court found that the defendant's access to a phone constituted a reasonable opportunity to arrange for an independent blood alcohol test.

Reasoning: The court concluded that access to a phone constituted a reasonable opportunity for Cato to arrange an independent test.