Williams v. Petersburg & Commonwealth

In this appeal involving two misdemeanors, we affirm the convictions by the circuit court, sitting without a jury, of Franklin R. Williams for (1) operating a motor vehicle while under the influence of intoxicants, in violation of a Petersburg City Ordinance,1 and for (2) refusing to permit the taking of a sample of his breath for a chem*298ical test to determine the alcoholic content of his blood, in violation of a State statute.2 The issues we focus on are whether the evidence was sufficient to support the conviction of the former charge and whether a misrecital of the applicable code section…