Owens v. State (a.k.a. not driving my car drunk)

Owens v. State
Court of Special Appeals of Maryland, 1992.
93 Md.App. 162, 611 A.2d 1043.

Justice Moylan delivered opinion

Facts:

• Plain. found behind wheel of car in private driveway, intoxicated, with engine running and lights on
• two options:
• either vehicle and driver arrived at driveway from somewhere else
• driver got into vehicle, started up vehicle, and was about to go somewhere
• State's only witness was Trooper Samual Cottman
• responding to complaint about a suspicious vehicle
• found driver asleep behind the wheel of the car
• driver smelled intoxicated when officer woke him up and his speech was "slurred" and "unclear"
• driver would not submit to a blood test for alcohol
• Theory of state's case rests on present stasis on the driveway implies earlier motion on the hwy

Issue:
Is there sufficient evidence to conclude that the plain. was drunk driving?

Holding:
Yes. There is sufficient evidence to conclude that the driver was drunk when driving.

Reasoning:
Court says:

• Plain. was either coming or going
• Driveway were arrest took place did not match driveway listed on the charging document but license never offered into evidence
• Three beer cans (2 consumed, 1 partially consumed) were found in plain.'s vehicle
• suggested evening was ending rather than beginning
• also one is more likely to drink in car than drink outside of car and bring empty cans to car
• Is not a reasonable hypothesis that one would leave the house, get in car, turn on lights, start engine, and then drink enough to pass out in vehicle
• Erratic behavior caused person to report suspicious vehicle which brought trooper to house
• Taken all together, evidence is inconsistent with a reasonable hypothesis of innocence on the part of the plain.

Judgment: Affirmed