Corbin v. Commonwealth

FRANK, Judge.

Charles McArthur Corbin, appellant, was convicted in a bench trial of driving under the influence, second or subsequent offense, in violation of Code § 18.2-266. On appeal, he contends the trial court erred in (1) finding the evidence sufficient that appellant was the driver of the vehicle and (2) denying appellant’s motion to suspend the suspension of his operator’s license pending appeal. For the reasons stated, we affirm in part and reverse in part.

BACKGROUND 1

It is well settled that “[o]n appeal, we review the evidence in the light most favorable to the party prevailing…