You are driving home late between the hours of 10:00 p.m. and 3:00 a.m. You get pulled over because the police officer states you are driving over the line, driving too slow, have a head light out or you have a taillight out. The officer starts asking you questions of why you are out so late? In a natural response, you try to answer the questions politely, thinking it will satisfy the officers’ curiosity. Unfortunately, the officer is fishing for a way to search your car, to have you take a breath test, a field sobriety test, or ask you if you have been smoking pot. You could be arrested for a DUI, possession of marijuana, drug paraphernalia.

This scenario plays out every Friday and Saturday night in Fultondale, Alabama and you end up in jail. I have seen the story countless times.

Municipal cases can address a wide range of offenses, including DUI offenses, marijuana possession in the second degree, assault in the third degree, and domestic violence. While the penalties for offenses in municipal court are less severe than their felony counterparts, it is still important to seek the assistance of a qualified and experienced attorney to combat any municipal charges you or a loved one may be facing.

One of the types of municipal charges recognized in Fultondale, Alabama, is assault in the third degree, which is criminalized under §13A-6-22 of the Alabama Code. Assault in the third degree can take a variety of different forms, including causing physical injury to any person with the intent to harm someone, causing physical injury through recklessness or criminal negligence with a deadly weapon, or causing physical injury while intended to prevent a peace officer from performing a lawful duty. This offense is classified as a Class A misdemeanor. Offenses of this classification carry penalties of up to one year imprisonment, and as much as $6,000 in fines.

When assault involves a spouse, child, or family member, this qualifies as domestic violence in the third degree. This offense is similarly handled in municipal courts. Domestic violence in the third degree encompasses a broader range of offenses than merely assault in the third degree, with the relevant portion of the Alabama Code, §13A-6-132, explicitly including acts of menacing, reckless endangerment, criminal coercion, harassment, criminal surveillance, criminal trespass, and criminal arson, so long as the victim has a familial or marital connection to the perpetrator. Under this statute, the first and second offenses are classified as a Class A misdemeanor, but for third convictions, or subsequent convictions following previous charges for a higher degree of domestic violence, the offense becomes a Class C felony. Penalties begin at 30-days in jail but can increase depending on the severity of the offense and prior history of domestic violence offenses.

In Fultondale, municipal courts are also responsible for handling less severe drug offenses, including possession of marijuana in the second degree and possession of drug paraphernalia. Possession of marijuana in the second degree is governed by §13A-12-214 of the Alabama Code and includes unauthorized and unlawful possession of marijuana for personal use only. Possession of marijuana in the second degree is a Class A misdemeanor, including penalties of up to one year in in jail and up to $6,000 in fines. Fultondale municipal courts also handle charges involving drug paraphernalia, which are governed by §12A-12-260 of the Alabama Code and include any equipment, products, or materials used or designed for the purpose of creating, processing, distributing, or consuming illegal drugs. Mere possession or intent to use drug paraphernalia is classified as a Class A misdemeanor, but delivery or sale increases the severity of the offense, rising to the level of a Class C felony. In situations where the sale or delivery of paraphernalia also includes possession of a firearm, or the sale is to a minor, the felony becomes Class B. Repeated offenders can also be charged with a felony under Alabama law. For misdemeanor offenses, the maximum penalty includes up to a year imprisonment and up to a $6,000 fine, but when the circumstances raise the offense to felony level, the penalties also increase, with Class C felonies carrying penalties of one to ten years imprisonment and Class B felonies carrying penalties of two to twenty years imprisonment.

Another major category of municipal court cases involves driving under the influence of alcohol or other controlled substances. Charges for driving under the influence are controlled by §32-5A-191 of the Alabama Code, which offers specific guidelines and requirements to encompass a wide range of driving impairments. Alabama follows the standard legal limit for alcohol consumption, noting that the offense requires 0.08 percent of blood alcohol content for drivers over the age of 21. For drivers under 21, Alabama declined to adopt the strict “not-a-drop” approach found in numerous other states, instead setting the limit to 0.02 percent of blood alcohol content.

The penalties for driving under the influence vary greatly depending on the circumstances surrounding the offense and the number of offenses on a person’s record, including offenses in other jurisdictions. For a first offense, the jail time is limited to a maximum of one year imprisonment and can also include a fine ranging from $600-$2,100. The State also has the authority to suspend the offender’s driver’s license for a period of 90 days, require the installation of an ignition interlock device, or both. For a second offense, the fine increases to a range spanning from $1,100-$5,100. The second offense carries the same maximum jail sentence as a first offense, but with an additional minimum sentence of five days imprisonment or thirty days of community service. Additionally, the second offense requires both a year-long license suspension and two-year installation of an ignition interlock device. For a third conviction, the fine range increases to $2,100-$10,100, and the minimum jail sentence rises to not less than 60 days, with the maximum sentence remaining unchanged. The license suspension period extends to three years, with similar requirements for an ignition interlock device.

On a fourth offense, or if a person has a previous felony DUI in Alabama or otherwise, the offense rises to become a Class C felony, carrying higher penalties. Although the maximum possible fine remains $10,100, the minimum fine rises to $4,100, making a fourth offense much more costly than prior offenses. In addition to the fine, the minimum prison sentence associated with a fourth DUI offense is one year and one day, with the maximum sentence reaching 10 years. The period of license suspension increases to five years, including the ignition interlock device requirements of previous offenses.

In addition to the financial and jail-related penalties associated with DUI offenses, Alabama also allows the court to refer DUI defendants to substance abuse referral programs. All penalties can be increased under certain circumstances, such as driving with a blood alcohol content exceeding 0.15 percent or driving under the influence with a minor child in the car, both of which double the minimum penalties associated with the offense.

In summary, the offenses handled in Fultondale’s municipal court system can still carry severe penalties and put those accused at risk of serious fines and jail time. When facing municipal court charges, it is important to seek the assistance of a knowledgeable attorney to help navigate the legal maze and avoid maximum penalties.

If you have a criminal case in Fultondale, Alabama call Joe Ingram or Joe Ingram Law LLC at 205-335-2640. Get Relief * Get Results.