If you have been accused of DUI in Arab, you don’t have to face it alone. Price, Flowers & Ward Law Firm will stand with you through each step of your case and fight to protect you from a DUI conviction.

Our firm has represented clients charged with DUI in the Municipal Court of Arab, Alabama for many years. Rather than a specific DUI ordinance, Arab Municipal Court makes it a crime against the City of Arab to do any act that is a misdemeanor under Alabama state law. This ordinance applies in Arab’s city limits and police jurisdiction. When the Arab City Police charge you with DUI, they usually charge you with violating this ordinance, not with violating the Alabama’s DUI law directly.

If you would like to know more about defending DUI charges in Arab, Alabama, we would be happy to speak with you.

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Arab’s approach that makes DUI Illegal:

ARAB, ALABAMA CODE OF ORDINANCES

Sec. 12-1. - Adoption of state offenses.

(a)  Any person committing an offense within the corporate limits of the city or within the police jurisdiction thereof, which is declared by law of the state now existing or hereafter enacted to be a misdemeanor, shall be guilty of an offense against the city.

(b)  Any person committing an offense within the corporate limits of the city or within the police jurisdiction thereof, which is declared by a law of the state now existing or hereafter enacted to be a violation, shall be guilty of an offense against the city.

(c)  Any person committing within the corporate limits of the city or within the police jurisdiction thereof, an offense as defined by Code of Ala. 1975, § 13A-1-2(1), which offense is not declared by a law of the state now existing or hereafter enacted to be a felony, misdemeanor or violation, shall be guilty of an offense against the city.

(Ord. No. 83-8, §§ 1—3, 8-16-83)

Cross reference— Punishment for violation, § 1-8; jurisdiction of municipal court, § 6-2. State law reference— Jurisdiction of municipal court, Code of Ala. 1975, § 12-14-1.

Sec. 1-8. - General penalty; violations of Code, ordinance, or state law.

(a)  Any person committing an offense within the corporate limits of the city, or within the police jurisdiction thereof, which is in violation of this Code or any ordinance of the city, now existing or hereafter enacted, shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), and/or may be imprisoned or sentenced to labor for the city for a period not exceeding six (6) months, at the discretion of the court trying the case; provided, however, no penalty shall consist of a fine or sentence of imprisonment exceeding the maximum fine or sentence of imprisonment established under state law for the commission of substantially similar offenses.

(b)  Any person committing an offense within the corporate limits of the city, or within the police jurisdiction thereof, which is declared by a law of the state, now existing or hereafter enacted, to be a misdemeanor, shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), and/or may be imprisoned or sentenced to labor for the city for a period of not exceeding six (6) months for a class A or class B misdemeanor, and not exceeding three (3) months for a class C misdemeanor, at the discretion of the court trying the case.

(c)  Any person found to be driving under the influence, in violation of Code of Ala. 1975, § 32-5A-191, or any successor or replacement act or section of the Code shall, upon conviction, be punished by a fine, imprisonment, treatment, education or monitoring within the limits prescribed by the Code of Alabama, for such violation, as the same may be from time to time amended. Imprisonment and labor shall be as provided by statute.

(d)  Any person committing an offense within the corporate limits of the city, or within the police jurisdiction thereof, which is declared by a law of the state, now existing or hereafter enacted, to be an offense as defined in Code of Ala. 1975, § 13A-1-2, which is not declared by a law of the state to be a felony, misdemeanor or violation, shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), and/or may be imprisoned or sentenced to labor for the city for a period of not exceeding six (6) months, at the discretion of the court trying the case.

(e)  Any person committing an offense within the corporate limits of the city, or within the police jurisdiction thereof, which is declared by a law of the state, now existing or hereafter enacted, to be a violation shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than two hundred dollars ($200.00), and/or may be imprisoned or sentenced to labor for the city for a period of not exceeding thirty (30) days, or double the pecuniary gain to the defendant or loss to the victim as authorized in Code of Ala. 1975, § 13A-5-12, at the discretion of the court trying the case.

(f)  Any corporation found to be in violation shall, upon conviction, be punished by a fine of not less than one dollar ($1.00), nor more than five hundred dollars ($500.00), at the discretion of the court trying the case.

(g)  In all cases where the same offense is made punishable or is created by different clauses or sections of this Code or of an ordinance, the prosecuting officer may elect under which to proceed; but not more than one (1) recovery shall be had against the same person for the same offense; provided, the revocation of a license or permit, or the abatement of a nuisance and the assessment of the cost thereof, shall not be considered a recovery or penalty so as to bar the enforcement of any other penalty.

(h)  Whenever a minimum, but not a maximum, fine or penalty is imposed, the court may in its discretion fine the offender the minimum or any sum exceeding the minimum fine or penalty so imposed, but not exceeding the maximum provided in this section.

(i)  No provision of this Code or any ordinance designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty for a failure to perform such duty, unless the intention of the council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.

(Ord. No. 83-8, §§ 4, 5, 8-16-83; Ord. No. 98-01, §§ 1, 2, 2-2-98)

Cross reference— Powers of municipal court, § 6-11; court costs, § 6-11(d); adoption of state offenses, etc., § 12-1 et seq.; adoption of traffic laws, § 18-1.  State law reference— Authority of city to enforce obedience to ordinances by fine not exceeding $500.00 and by imprisonment or hard labor not exceeding 6 months, or both, Code of Ala. 1975, §§ 11-45-1, 11-45-9; punishment for DUI up to $5,000.00 and one year in jail, Code of Ala. 1975, § 11-45-9; authority to abate nuisances, Code of Ala. 1975, §§ 11-47-117, 11-47-118; municipal courts, Code of Ala. 1975, § 12-14-1 et seq.; punishment for violation of state law, Code of Ala. 1975, § 13A-5-1 et seq.

If you are looking for a DUI attorney to defend against charges in Arab City Court or a DUI in the Marshall County District Court, contact us today!

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