Diehl v. State

Terry Crabtree, Judge.

The appellant was convicted at a bench trial of DWI, second offense. He argues on appeal that there was insufficient evidence to sustain the conviction because he was not in actual control of the vehicle. We disagree and affirm.

On November 14, 1996, at approximately 9:00 p.m., Officer Larry Behnke of the Pulaski County Sheriff s Office was patrolling the parking lot of Ton’s Place, a sports bar. The night was cold, and Officer Behnke saw exhaust coming from the tailpipe of a 1987 Chevrolet pickup. Officer Behnke’s investigation of said vehicle resulted in his finding the…