This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The Defendant was found asleep in the driver's seat of a running vehicle, which was in drive and had its headlights on, parked on the shoulder next to a small tree and chain-link fence. The vehicle showed no signs of movement, and no damage was observed to the car, fence, or tree. Upon awakening the Defendant, the officer detected an odor of alcohol, observed the Defendant's bloodshot and watery eyes, and noted slurred speech. The Defendant admitted to having consumed one alcoholic beverage. Based on these observations, the officer conducted a DWI investigation and charged the Defendant with driving while under the influence (DWI), first offense (paras 2-5).
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Defendant-Appellant: Argued that the evidence was insufficient to support the conviction for DWI, specifically contending that the State failed to prove beyond a reasonable doubt that the Defendant operated a motor vehicle (para 2).
- Plaintiff-Appellee: [Not applicable or not found]
Legal Issues
- Whether the evidence was sufficient to support the Defendant's conviction for driving while under the influence (DWI), first offense, specifically regarding the operation of a motor vehicle (para 2).
Disposition
- The Court of Appeals affirmed the conviction of the Defendant for driving while under the influence (DWI), first offense (para 11).
Reasons
-
Per Megan P. Duffy, J., with Kristina Bogardus, J., and Gerald E. Baca, J., concurring:The Court found that the State presented sufficient circumstantial evidence to support the conviction for DWI, first offense. The Court reviewed the evidence under the standard that requires viewing evidence in the light most favorable to the guilty verdict, resolving conflicts in favor of the verdict, and disregarding evidence supporting a different result. The Court determined that the totality of the circumstances, including the vehicle being running and in drive, the Defendant being in the driver's seat, and the Defendant's physical condition and admission of alcohol consumption, supported the conclusion that the Defendant operated the vehicle. The Court also considered the legal definition of "operating" a motor vehicle, which includes being in actual physical control with the intent to drive, whether or not the vehicle is moving. Despite the Defendant's arguments that certain factors, such as the vehicle's location and the weather, weighed in his favor, the Court concluded that the evidence was sufficient for the metropolitan court to find the Defendant guilty of DWI (paras 2-11).
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