Maryland Court of Appeals
-Complaint of Suspicious Vehicle. Trooper arrived at 11PM due to call.
-D behind wheel of parked auto on private driveway at night with lights on and motor running.
-D slept in drivers seat with open BEER between legs. Two more empty cans were in vehicle.
-Trooper awoke him. D slurred speech. Refused alcohol test and had an alcohol restriction his license.
-D found guilty of driving while intoxicated by judge (no jury). Appealing the finding b/c evidence not sufficient to support.
-Was the evidence here sufficient to prove beyond a reasonable doubt that D arrived from a public highway or was about to set forth on a public highway?
-Yes, evidence was sufficient.
-Here the circumstances were inconsistent with a reasonable hypothesis of innocence.
-The trooper was brought to the scene by a complaint of a suspicious vehicle. This does not prove guilt but makes one of the two inferences above more reasonable.