Grimes v. State
Grimes v. State
Opinion
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,
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,
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,
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.
Reference
- Full Case Name
- Pamela M. Grimes v. State.
- Cited By
- 11 cases
- Status
- Published