Leake v. Commonwealth

BENTON, Judge.

Alton Calvin Leake, Jr. was convicted of a second offense of driving a motor vehicle while under the influence of alcohol. See Code §§ 18.2-266 and 18.2-270. On appeal, he contends (1) he was not “operating” his vehicle when the police officer approached it, (2) the evidence failed to prove he was under the influence of alcohol when the officer approached his vehicle, and (3) the evidence failed to prove his condition when he earlier operated the vehicle. For the reasons that follow, we affirm Leake’s conviction.

I

Officer Scott Byram of the Albemarle County Police Department was…