LEAKE v. COM.

Record No. 2609-96-2.

497 S.E.2d 522 (1998)

27 Va. App. 101

Alton Calvin LEAKE, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

April 7, 1998.


Attorney(s) appearing for the Case

Francis McQ. Lawrence (Charles Y. Sipe; St. John, Bowling & Lawrence, on brief), Charlottesville, for appellant.

H. Elizabeth Shaffer, Assistant Attorney General (Richard Cullen, Attorney General, on brief), for appellee.

Present: BENTON and COLEMAN, JJ., and COLE, Senior Judge.


BENTON, Judge.

Alton Calvin Leake, Jr. was convicted of a second offense of driving a motor vehicle while under the influence of alcohol. See Code §§ 18.2-266 and 18.2-270. On appeal, he contends (1) he was not "operating" his vehicle when the police officer approached it, (2) the evidence failed to prove he was under the influence of alcohol when the officer approached his vehicle, and (3) the evidence failed to prove his condition when he earlier...

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