Keesee v. Commonwealth

FRANK, Judge.

Mark Allen Keesee (appellant) appeals his conviction after a bench trial of driving while under the influence of alcohol in violation of Code § 18.2-266. On appeal, he contends the trial court erred in finding that: 1) he was operating the vehicle and 2) he was operating the vehicle within two hours of his arrest. We disagree and affirm the conviction.

I. BACKGROUND

On March 28, 1997, Trooper Keith Childress of the Virginia State Police was dispatched at 1:26 a.m. to the scene of an accident on Route 29 in Campbell County. Childress arrived at the scene at 1:42 a.m. and discovered…