McMILLAN, Judge.
The appellant was charged in a two-count complaint with DUI, in violation of § 32-5A-191(a)(1) and (2), Code of Alabama (1975), as adopted by the City of Auburn. Prior to trial, the State elected to proceed under subsection (2) of the DUI statute and moved to dismiss the remaining count of the complaint. Thereafter, the appellant was found guilty as charged in a jury trial and was sentenced to six months' in jail and fined $1,000.00. The...
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