Miller v. Commonwealth

Irvin Samuel Miller was charged with operating an automobile while under the influence of intoxicants in violation of Code § 18.1-54 (1960 Repl. Vol.). The trial court, sitting without a jury, found Miller guilty and ordered him to pay a fine of $250. We granted Miller a writ of error to consider the sufficiency of the evidence against him.

Patrolman C. G. Thomas of the Town of Saltville was the only witness at trial. He testified that on February 17, 1973, at approximately 2:50 a.m., he observed Miller’s automobile, followed it for about 200 yards and turned on the red lights of his patrol…