Owens v. State,

93 Md App 162 (1992)

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Nature of the Case

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Facts

Owens (D) was convicted of driving while intoxicated. D appealed based on the fact that the evidence used to convict him was not legally sufficient. The state's only witness was a Trooper who responded to a “suspicious vehicle” call and found D's truck parked in the driveway of a private residence. The engine was running, the lights were on, and D was asleep at the wheel with an open can of Budweiser clasped between his legs. Two more empty beer cans were inside the car. D was awoken and was dazed and did not appear to understand where he was and he also had a strong odor of alcohol on his breath. D stumbled out of the vehicle. There was a strong odor of alcohol on his breath. His face was flushed, and his eyes were red. When asked to recite the alphabet, D 'mumbled through the letters, didn't state any of the letters clearly and failed to say them in the correct order.' His speech generally was 'slurred and very unclear.' When taken into custody, D was 'very argumentative . . . and uncooperative.' A check with the Motor Vehicles Administration revealed, moreover, that the appellant had an alcohol restriction on his license. D declined to submit to a blood test for alcohol. At trial and after a brief, direct examination of Trooper Cottman (consuming but 3 1/2 pages of transcript), D asked only two questions, establishing that the driveway was private property and that the vehicle was sitting on that private driveway. D was found guilty. D appealed.