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OLIVER v. COM.

Record No. 2536-01-2.

577 S.E.2d 514 (2003)

40 Va. App. 20

Herbert Eugene OLIVER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

March 4, 2003.

Attorney(s) appearing for the Case

Benjamin H. Woodbridge, Jr. (Woodbridge, Ventura & Kelly, P.C., on brief), Fredericksburg, for appellant.

Kathleen B. Martin, Assistant Attorney General (Jerry W. Kilgore, Attorney General; H. Elizabeth Shaffer, Assistant Attorney General, on brief), for appellee.

Present: Chief Judge FITZPATRICK, Judges BUMGARDNER and HUMPHREYS.

BUMGARDNER, Judge.

Herbert Eugene Oliver appeals his conviction after a bench trial for driving under the influence of alcohol, in violation of Code § 18.2-266. We affirm the judgment of the trial court.

Officer Brian Layton responded to a hit-and-run complaint and found the defendant in the driver's seat. He was "passed out," and the engine was still running. The officer observed two empty Jack Daniels bottles, and the defendant admitted to drinking...

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