Drunken-driving conviction upheld
Posted on Friday, June 20, 2008
A Lonoke County man’s conviction for driving drunk stands despite his claims that he’d only taken shelter from the weather in his ditched pickup a few blocks from his house on a rainy Christmas Eve, the Arkansas Court of Appeals ruled Wednesday.
When a Lonoke County sheriff’s deputy arrived at the scene on Dec. 24, 2006, he found Billy J. Collins behind the wheel of his Chevrolet pickup, which was partially in a ditch, according to an opinion written by Judge Larry D. Vaught.
The deputy later testified that the vehicle was running and he saw exhaust fumes.
The deputy also smelled alcohol, and Collins tested two times above the legal blood alcohol limit.
During cross-examination before Lonoke County Circuit Judge Lance L. Hanshaw, the deputy acknowledged that his report failed to mention that Collins’ truck was running. He said it was possible that the truck was not running but that he believed it was.
Collins said he had gotten his truck stuck several hours earlier before walking home to celebrate the holiday by drinking a couple of beers and some eggnog. He later took some cough medicine.
A diabetic, Collins said he decided to take a walk for exercise about four hours after the accident. He walked back to his truck to retrieve a key fob. He then got in the truck to escape the rain. He said the deputy arrived soon after that. Collins said he tried to explain what had happened and testified that the truck was not running.
Convicted first at Lonoke District Court and again in circuit court, Collins argued on this appeal that there was insufficient evidence that he was in “actual control” of his vehicle — a requirement of the drunken-driving law.
The court disagreed, saying there was substantial evidence to support his conviction, including the deputy’s testimony about the truck running and the smell of alcohol and the fact that Collins was awake and sitting behind the wheel.
The case at the appeals court is CACR 08-81, Billy J. Collins v. State of Arkansas.
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