OGBURN v. STATE

CR-11-0085.

104 So.3d 267 (2012)

Charles Edward OGBURN, Jr. v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 10, 2012.


Attorney(s) appearing for the Case

Keith A. Howard , Wetumpka, for appellant.

Luther Strange , atty. gen., and Michael G. Dean , asst. atty. gen., for appellee.


BURKE, Judge.

Charles Edward Ogburn, Jr., appeals his conviction for driving under the influence ("DUI"), a violation of § 32-5A-191(a), Ala.Code 1975. Ogburn was sentenced to 90 days in the county jail, which sentence the trial court suspended, and he was placed on probation for 2 years. Ogburn was also ordered to pay a $600 fine and to attend DUI school.

On July 2, 2011, Ogburn was stopped at a traffic checkpoint in rural Elmore County. After Ogburn...

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