People v. Cox

Defendant was convicted, after bench trial, of DUI. Sheriff’s deputy was dispatched to scene where another driver had reported a pickup truck driving erratically, and pointed toward back of an RV park. Upon arrival, deputy saw Defendant standing next to the driver’s side of a truck, which was running, and driver’s side door was open. Deputy approached Defendant and noticed his eyes were glassy and “droopy” and that he had a strong odor of alcohol on his breach, his groin was wet, and there was an open beer bottle and Defendant’s wallet in center console. Field sobriety tests and breath test showed that Defendant was intoxicated. Evidence was sufficient to prove beyond a reasonable doubt that Defendant was in actual physical control of the truck. Ownership is not a prerequisite to showing that Defendant was in actual physical control of the vehicle. The recovery of Defendant’s personal property from the center console permitted reasonable inference that he had recently been in the vehicle. (BIRKETT and BURKE, concurring.)