Rix v. Commonwealth

McCLANAHAN, Judge.

Ellen Marie Rix appeals from her convictions in a bench trial for driving or operating a motor vehicle while under the influence of alcohol and refusal to take a blood or breath test, both second offenses. Rix argues the evidence was insufficient to support her convictions because she did not drive or operate a motor vehicle within the meaning of the DUI statute. Disagreeing with her arguments, we affirm the judgment of the trial court.

I. BACKGROUND

Virginia Beach Police Officer B.K. Womble observed a vehicle weaving on the highway. He stopped the vehicle and, as he…