Martin v. State, 6 Div. 137
Decision Date | 12 April 1988 |
Docket Number | 6 Div. 137 |
Citation | 529 So.2d 1032 |
Parties | Danny Thomas MARTIN v. STATE. |
Court | Alabama Court of Criminal Appeals |
Carl E. Chamblee, Jr., Birmingham, for appellant.
Don Siegelman, Atty. Gen., and Jean Alexandra Webb, Asst. Atty. Gen., for appellee.
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.
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 probative on the issue of intoxication and admissible evidence. Hill v. State, 366 So.2d 318, 321 (Ala.1979); South Dakota v. Neville, 459 U.S. 553, 103 S.Ct. 916, 74 L.Ed.2d 748 (1983).
Martin argues that the state troopers had no "probable cause to investigate" his vehicle.
Initially, it must be noted that a vehicle may be stopped on less than probable cause:
W. Ringel, 1 Searches and Seizures, Arrests and Confessions 11-30, 31 (2d ed. 1987) (footnotes omitted).
See also W. LaFave, 3 Search and Seizure, § 9.2(d) (2d ed. 1987). An articulable and reasonable suspicion will justify the stopping of a motor vehicle. Ex parte Yeung, 489 So.2d 1106, 1109 (Ala.1986).
Here, there was evidence that Martin's car was parked on the shoulder of a public highway during "rush hour" with the...
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