Roanoke DUI Virginia Driving While Under Influence Fairfax County Richmond Loudoun Prince William
DAVID MURRELL WHEELING v. CITY OF ROANOKE
Court of Appeals of Virginia
2 Va. App. 42
On March 8, 1984, Ruth George's automobile was parked on First Street in the City of Roanoke. George was in the Capitol Restaurant. Wheeling was in the restaurant also. Officer B. L. Booker arrived at the restaurant between forty-five and seventy-five minutes after the accident. He discovered that Wheeling had struck George's automobile with his own in attempting to maneuver out of his parking spot. In talking with Wheeling, he detected a strong odor of alcohol.
Wheeling stated that he had consumed six to eight beers, but had not consumed any alcohol since the accident. Wheeling also admitted to driving the vehicle at the time of the accident. About ten minutes after his arrival, Officer Booker administered a series of field tests, and concluded that Wheeling had slurred speech, watery eyes, a pale complexion, and a swaying, unsteady gait. Officer Booker then arrested Wheeling for driving while under the influence of alcohol.
Issue:
- Whether the evidence is sufficient to prove that the defendant intoxicated at the time of the accident?
The court observed that Wheeling made two admissions to Officer Booker that are critical to our determination. First, Wheeling told Officer Booker that he had consumed six to eight beers that day. Second, Wheeling stated that he had not had anything alcoholic to drink since the accident. Evidence of consumption of "around seven" beers during a period of less than five hours preceding an accident was held to be sufficient to raise an inference of intoxication. Wheeling's admissions to Officer Booker and the testimony of Officer Booker in regard to Wheeling's appearance and lack of coordination, coupled with the inference of intoxication were sufficient to support the conviction.
Conclusion:
The court held that defendant's admissions and the officer's testimony regarding defendant's appearance and lack of coordination at the accident scene were sufficient to support the conviction. The court found that the evidence was sufficient even though defendant testified at trial that he had drunk some whiskey after the accident.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content.
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roanoke dui virginia driving while under influence fairfax county richmond loudoun prince william
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