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Belew v. Nelson12/16/2005
illiams, 267 Ala. at 469, 103 So. 2d at 766. Whether consumption of alcohol occurred at a time too remote to constitute evidence of intoxication must be determined on a case-by-case basis. Id.
In addition to consumption of alcoholic beverages, the Supreme Court has held that evidence of driving one's car on the wrong side of the road, even when the issue of negligence is the ultimate issue in the case and is in dispute, can, when coupled with other evidence, lead to the conclusion that the driver of the car was intoxicated. Kingry v. McCardle, 266 Ala. 533, 537-38, 98 So. 2d 44, 47-48 (1957).
In the present case, evidence was presented indicating that Mr. McKelvey, during a lunch that occurred just before the accident at issue, consumed at least one and a half drinks that consisted of a beer and two types of liquor. The jury was shown the size and type of glass in which those drinks were served. Evidence was also presented indicating that Mr. McKelvey drove his car on the wrong side of the road immediately before the accident. Based on these circumstances and our Supreme Court's holdings in Robinson, Williams, and Kingry, we cannot conclude that it was inappropriate for the jury to consider the issue of Mr. McKelvey's sobriety. We likewise cannot conclude, therefore, that the trial court erred to reversal in charging the jury on voluntary intoxication.
On the basis of the foregoing, we conclude that the trial court's judgment is due to be affirmed.
AFFIRMED.
Crawley, P.J., and Thompson, Pittman, and Bryan, JJ., concur.
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