AGO 1996-106.

• Case Date: January 22, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-106. 1996-106January 22, 1996Honorable John G. Smith Attorney, City of Tallassee P.O. Box 606 Tallassee, AL 36078 Municipalities - Municipal Ordinances - Crimes and Offenses - Driving Under Influence - Fines Courts must determine validity of municipal ordinances.Dear Mr. Smith: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTIONS 1. Whether the City of Tallassee may create and adopt its own ordinance proscribing driving under the influence, other than by adopting _ 32-5A-191, Code of Alabama 1975, as amended. 2. If so, may the City of Tallassee adopt a schedule of fines for such ordinance, so long as the schedule of fines does not exceed the maximum penalties and fines which may be imposed by a municipal court? 3. If so, whether the City of Tallassee by adopting its own DUI ordinance and its own schedule of fines with that ordinance may avoid having to pay monies to the State of Alabama for violation of such ordinance or, in other words, whether the City of Tallassee may by enacting its own DUI ordinance and schedule of fines avoid the fine distribution scheme described in Act No. 95-784. 4. If so, whether the attached proposed ordinance shall allow the City of Tallassee to avoid the effects of Act No. 95-784. FACTS...