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MARTIN v. STATE

6 Div. 137.

529 So.2d 1032 (1988)

Danny Thomas MARTIN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied May 10, 1988.

Certiorari Denied July 29, 1988.

Attorney(s) appearing for the Case

Carl E. Chamblee, Jr., Birmingham, for appellant.

Don Siegelman, Atty. Gen., and Jean Alexandra Webb, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 87-989.

BOWEN, Presiding Judge.

Danny Thomas Martin was convicted for driving under the influence of alcohol in violation of Alabama Code 1975, § 32-5A-191(a)(2). Two issues are raised on this appeal of that conviction.

I

Even if Martin had only been charged with being in actual physical control of a motor vehicle while under the influence of alcohol, his refusal to submit to a chemical test for intoxication was...

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