ROBERTSDALE, Ala. — It took about three hours of testimony, argument and counter argument but former Foley and University of Alabama standout Kenny “The Snake” Stabler dodged a DUI conviction in a Robertsdale municipal court trial Wednesday, Oct. 22.

Stabler was arrested during the early morning of June 8 on Highway 59 near Hub City Grocery.

Acting municipal Judge James H. Sweet ruled that, “The city has not met its burden of proof.”

Officer Tyler Kane made the stop a little after 12:30 a.m. that morning. Kane, who is now a state trooper testified that Stabler’s white 2007 Dodge Durango passed close to him while he was making another traffic stop along Highway 59.

Alabama’s “Move Over” law requires motorists to change lanes, if it is safe, if law enforcement or public safety vehicles are working with their lights flashing on the side of the road.

Kane also said that Stabler’s vehicle hit the “fog line,” the line on the right side of the road several times.

Stabler’s attorney, Mark Polson, of the firm Polson and Robbins in Birmingham admitted that Stabler did not change lanes, but argued that Stabler was not charged with a “move over” violation.

The officer gave chase, and the incident was recorded on Kane’s “dash cam” or in-the-cruiser camera. A recording of the incident was played during the trial. The recording had not been released prior to the trial.

This was Kane’s last arrest as a Robertsdale police officer, according to testimony. He also served as a police officer in Summerdale.

Kane testified that Stabler missed him “by a foot or two.”

Polson noted that Stabler’s vehicle seemed to be under good control in the video and that Stabler braked as soon as the police car’s siren sounded.

After Stabler pulled into the the store’s parking lot, Kane attempted to perform a field sobriety test.

Stabler can be heard asking Kane what he should do, and stated that he did not have a driver’s license. The license was later found in Stabler’s wallet in the center console of the SUV.

Kane testified that Stabler had bloodshot eyes and that there was “a strong odor of alcohol” in the SUV. He also stated that Stabler appeared to be “unsteady” on his feet when he exited the vehicle. He also said that Stabler’s speech was “slurred.”

Polson argued that Stabler had had at least four operations on his knees, and it would not be surprising that he appeared unsteady exiting the vehicle.

Kane placed Stabler under arrest and he was brought to the Robertsdale police station. There, officer Joshua Syper continued processing Stabler.

Syper testified that Stabler refused a breath test. He also testified that Stabler was cooperative and that there was “an odor of fermented beverages coming from his person.” He did not recall Stabler’s speech pattern, if his words were slurred or not.

As videotape of the processing center showed Stabler was out of sight of officers for several seconds, which meant that Sweet ruled that Stabler’s refusal to take the test could not be entered as evidence.

Corrections Officer Christopher Washington testified in a soft voice that he smelled alcohol on Stabler and that Stabler had trouble getting dressed in a prison jumpsuit while Stabler was being processed.

Polson moved to dismiss the reckless driving charge because the videotape of the arrest did not show reckless driving on Stabler’s part.

“I just don’t see where the city made the case for reckless driving,” said Sweet as he dismissed that charge.

The defense presented Dr. Bony Fields Barrineau, an orthopedic surgeon in Northport, who testified that he saw Stabler in July of 2008 and that the cartilage in Stabler’s knees was so deteriorated, that Stabler’s knees were “bone on bone,” leading to his awkwardness moving about.

“He also has severe spurs under both kneecaps, so it’s hard to get up,” said Barrineau. “It’s especially had to get out of a vehicle.”

There was little jubilation in the courtroom when Sweet dismissed that charges against Stabler. All the police officers in the courtroom drew close to hear Sweet’s ruling.

“I gave it everything I had,” said Gamble after the trial. “We got all the evidence out. The judge had a lot in front of him. It was a hard-fought case.”