Nature of the Case
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Facts
Officer Olsen noticed D pushing his car from the driver's side with the driver's door open. No other passengers were in the car, and no other people were in the area. Olsen observed that D had glassy, watery eyes; had trouble standing; was wobbling and swaying; and projected a strong odor of alcohol. Olsen concluded that D was intoxicated. D's car was missing its front license plate and that the car's front bumper and hood were damaged. Olsen asked D whether defendant had been driving the vehicle, and D responded, 'No, I don't drive drunk.' Someone else had been driving the car, but D was unable to provide Officer Olsen with this other person's name. Oil was leaking from D's car and Olsen looked under the car and found extensive damage to the car's undercarriage. Olsen asked D whether D's engine had locked up, and D responded, 'No, I shut it off.' D was arrested. Olsen found a set of car keys in the front right pocket of d's pants. The keys fit in the ignition and turned the car over. ID's car has an automatic transmission and could be pushed only if the gear shift was in neutral. D's car could not be placed in neutral unless the key was in the ignition and that the key could not be removed from the ignition if the car was still in neutral. Olsen never saw D actually driving the car. Officer Kaplan testified that D was swaying back and forth, had glassy and bloodshot eyes, was slurring his speech, and possessed a strong odor of alcohol on his breath. D insisted that someone else had been driving the car. D identified this other driver as Steve Smith but could not provide an address or phone number for Smith. Kaplan testified that he never saw D actually driving the car. D was convicted an appealed. D argues that P failed to prove beyond a reasonable doubt that D was driving his car. D does not challenge the trial court's finding that he was intoxicated.
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