Harris v. Commonwealth

HOWARD, Judge.

In this case, the appellant seeks review of the judgment of the Simpson Circuit Court upholding the appellant’s conviction for operating a motor vehicle while under the influence of intoxicants.

On August 3, 1984, the appellant parked his truck in the parking lot of McDonald’s in Franklin, Kentucky. The truck was parked parallel to the curb rather than between the parking lines. He entered the restaurant, bought some hamburgers, and returned to his truck.

The employees of the McDonald’s noted the truck was in the same position for two hours and the appellant was seen slumped over…