Virgil v. State

Andrews, Chief Judge.

Rosene Virgil was found guilty by a jury of driving or being in actual physical control of a moving vehicle while under the influence of alcohol.1 She appeals claiming that the trial court: (1) erred by refusing to charge the jury on the defense of accident, and (2) erroneously charged the jury as to what action constituted actual physical control of a moving vehicle.

1. The evidence was sufficient to allow a rational trier of fact to conclude beyond any reasonable doubt that Virgil was guilty of the charged offense. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d…