Williams v. Petersburg & Commonwealth

216 Va. 297 (1975)

FRANKLIN R. WILLIAMS

v.

CITY OF PETERSBURG AND COMMONWEALTH OF VIRGINIA.

Record Nos. 741144 and 741145.

Supreme Court of Virginia.

September 5, 1975.

Present, All the Justices.

1. Evidence was abundant that accused was under influence of alcohol. Since he was "slumped over" steering wheel of operable car with motor running, it was not error to hold that he was in actual physical control and therefore "operating" the vehicle. Trial court was not required to accept defendant's account of the incident.

2. Even though statutory reference was incorrect, warrant specifically charged…