Snavely v. City of Huntsville
Snavely v. City of Huntsville
Opinion
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1164
The appellant, John Dennis Snavely, was convicted of driving without a proper license plate, a violation of §
The State's evidence established the following: On December 12, 1997, Don Woody, a Huntsville police officer, stopped Snavely for driving without a proper license plate. Woody testified that attached to the rear of Snavely's car, in the area where a license plate would normally be, was a piece of cardboard with the word "private" written on it. Woody stated that when he stopped Snavely, he was not wearing a seat belt. Additionally, Woody stated that Snavely handed him a homemade identification card with his name and identification number. According to Woody, Snavely had a valid state identification number, and the number indicated that he had never had a valid license in Alabama. Woody cited Snavely for driving while his license was revoked, see §
We note that Snavely represented himself at trial and on appeal.
Section
"(a)(1) Any person whose driver's or chauffeur's license issued in this or another state or whose driving privilege as a nonresident has been canceled, denied, suspended, or revoked as provided in this article and who drives any motor vehicle upon the highways of this state while his or her license or privilege is canceled, denied, suspended, or revoked shall be guilty of a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), and in addition thereto may be imprisoned for not more than 180 days. In addition to all fines, fees, costs, and punishments prescribed by law, there shall be imposed or assessed an additional penalty of fifty dollars ($50) to be placed in the Traffic Safety Trust Fund and the Peace Officers Standards and Training Fund. Also, at the discretion of the Director of Public Safety, the person's license may be revoked for an additional revocation period of six months."
In Ex parte Snavely,
"Snavely did not possess a driver's license issued in the State of Alabama. Snavely had at one time possessed a driver's license in the State of Texas. However, he had voluntarily surrendered the Texas license at the time of his arrest in Alabama. Thus, that portion of §
32-6-19 , Ala. Code 1975, based on the words `any person whose driver's . . . license issued in this or another state' does not apply to Snavely. Nor does that portion of §32-6-19 based on the words `or whose driving privilege as a nonresident,' because Snavely was, and is, a resident of Alabama. Therefore, §32-6-19 does not apply to Snavely. Snavely was not properly charged with driving with a revoked license."
770 So.2d at 1056.
The record indicates that, from the time of Snavely's 1996 conviction to his being charged with the same violation in 1997, Snavely's circumstances had not changed. In this case, when he was stopped for the violations, Snavely was a resident of Alabama and still had not obtained a valid driver's license. (C. 130-32.) Thus, §
Pursuant to §
"It is a well-established principle of statutory interpretation that a statute should be read to give its words their `natural, plain, ordinary, and commonly understood meaning.'" R.T.M. v. State,
Additionally, we note that, because Snavely was not charged with, or convicted of, driving without a license, a violation of §
Although there is a constitutionally recognized right to interstate travel, that right does not include the unregulated use of the state's highways. While a state cannot penalize a citizen for exercising his right to travel between states, see Jones v.Helms,
Because it is a privilege to operate a motor vehicle on public roadways, see R.T.M., 677 So.2d at 806, and because licenses, registration, and the accompanying fee are not taxes but an exercise of the state's police powers to ensure safety on the public highways, the regulation and its accompanying fee do not inhibit a person's right to interstate travel. Therefore, we conclude that the State's requirement that he renew or obtain a license and register his vehicle placed no impermissible restrictions on Snavely's right to travel.
Section §
"(a) Any person who operates a motor vehicle upon the public highways of this state shall be deemed to have given his consent . . . to a chemical test or tests of his blood, breath or urine for the purpose of determining the alcoholic content of his blood if lawfully arrested for any offense arising out of acts alleged to have been committed while the person was driving a motor vehicle on the public highways of this state while under the influence of intoxicating liquor."
In this case, Snavely was not subjected to any blood, breath, or urine tests, and there were no allegations that he was intoxicated at the time the offenses occurred. Thus, Snavely has failed to establish that the denial of his motion for a new trial probably injuriously affected his substantial rights. Rule 45, Ala.R.App.P.
On December 12, 1997, Snavely was charged with driving with an expired tag, driving while his license was revoked, and failing to wear a properly fastened seat belt. Snavely was convicted of all three charges in municipal court, and he appealed to the Madison Circuit Court for a trial de novo. On July 26, 1999, the City of Huntsville filed complaints alleging that, on December 12, 1997, Snavely had violated §
"[A] defendant has the right to be apprised of the nature and cause of the accusation against him by written complaint." Cityof Foley v. Collier,
In this case, Snavely was issued traffic citations for the charged offenses, and he was convicted of those offenses in municipal court. Additionally, Snavely filed numerous pretrial motions in the circuit court addressing the charged offenses. The circuit court arraigned Snavely before trial and Snavely indicated that he understood the charges against him. Furthermore, the charged offenses were "self-explanatory and so simple in meaning that it *Page 1168
can be expected or assumed that a layperson would understand them."Alexander v. State,
Given that we are reversing Snavely's conviction for driving while his license was revoked, see Part I of this opinion, we need not address whether the trial court erred in admitting a copy of his driving history concerning the status of his license. Nevertheless, because Snavely was also convicted of driving without a proper license plate, and of failing to wear a properly fastened seat belt, we will address whether the admission of his driving history was error.
The most common method of proving a driving offense is through the admission of a certified copy of the defendant's driving history as maintained by the State Department of Public Safety. See Goodwin v. State,
A computer printout of a defendant's driving history, certified by the official having custody of the driving records in the State Department of Public Safety and showing the status of the defendant's driving history on the date in question, is admissible under the public records exception to the hearsay rule.Farmer v. Town of Daphne,
In this case, the official custodian of records for the Alabama Department of Public Safety, Perry B. Hardy, signed the copy of Snavely's driving history stating that the computer printout was a true and correct copy. Additionally, a notary public certified that Perry B. Hardy was the official custodian of records for the Alabama Department of Public Safety. Given that Snavely's driving history was a public record and was properly certified, the document was properly authenticated and that it was properly admitted under the public records exception to the hearsay rule. Furthermore, Snavely failed to establish that the introduction of the driving record probably injuriously affected his substantial rights. Rule 45, Ala.R.App.P. Thus, the trial court did not err to reversal in admitting the City's exhibit into evidence.
A person who is not a citizen of the United States or a resident of Alabama may be prosecuted in the jurisdiction where he committed a crime. See Cano v. State,
The record indicates that the offenses occurred in Madison County, Alabama. Thus, the Madison Circuit Court had jurisdiction of Snavely's case.
Based on the foregoing, the judgment of the trial court is affirmed as to the convictions for driving without a proper license plate and for failing to wear a properly fastened seat belt. The judgment of the trial court is reversed as to the conviction for driving with a revoked license, and the case is remanded for entry of an order vacating the conviction of driving with a revoked license.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
Long, P.J., and McMillan, Cobb, and Baschab, JJ., concur.
Reference
- Full Case Name
- John Dennis Snavely v. City of Huntsville.
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- Published