Wells v. Commonwealth

HOWARD, Judge.

This Court granted discretionary review from a ruling of Fayette Circuit Court upholding on appeal the appellant’s convictions for operating a motor vehicle under the influence of alcohol and driving under a suspended or revoked license.

The appellant was tried before the Fa-yette District Court sitting without a jury. The facts are essentially undisputed. The police found the appellant asleep behind the wheel of his van in a parking lot outside the Continental Inn in Lexington. The appellant was alone, the key was in the ignition, and the van’s motor was running. The…