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08/25/95 JAMES ANTHONY BRUNO v. DIRECTOR

August 25, 1995

JAMES ANTHONY BRUNO
v.
DIRECTOR, DEPARTMENT OF PUBLIC SAFETY



Appeal from Montgomery Circuit Court. (CV-93-2434).

As Amended. As Amended.

Monroe, Judge. Robertson, P.j., and Yates, JJ., concur. Thigpen and Crawley, JJ., Dissenting.

The opinion of the court was delivered by: Monroe

MONROE, Judge

This is a driver's license suspension case.

The record reveals the following undisputed facts. In July 1993, James Anthony Bruno entered a plea of nolo contendere in Georgia to the charge of driving under the influence of alcohol (DUI), with a .08 percent blood alcohol content, a per se criminal offense in that state. *fn1 In November 1993, the Alabama Department of Public Safety (DPS) notified Bruno that his license had been suspended for a period of 90 days. Thereafter, Bruno filed a complaint/mandamus petition against the director of DPS, alleging that the suspension was unlawful and seeking a stay of the suspension and a reinstatement of his license.

Following a hearing, the trial court held that Bruno's license had been lawfully suspended, and it dismissed his petition for a writ of mandamus. Bruno appeals, arguing that the trial court erred in upholding the suspension of his license.

The statute under which the State proceeds is § 32-5A-195(e), Ala. Code 1975, which provides:

"The Director of Public Safety is hereby authorized to suspend or revoke the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of conviction of such person in another state of any offense therein which, if committed in this state, would be grounds for the suspension or revocation of the license of a driver."

(Emphasis added.)

A person may be convicted of DUI in Alabama upon proof of circumstances described in Ala. Code 1975, § 32-5A-191, which provides:

"(a) A person shall not drive or be in actual physical control of any vehicle while:

(1) There is 0.10 percent or more by weight of alcohol in ...


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