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State v. Meeks12/3/1999
The defendant, Johnny Wade Meeks, appeals from his conviction of driving under the influence . Meeks received his conviction in the Hamilton County Criminal Court at the Conclusion of a jury trial. The trial court sentenced him to serve 48 hours in the county jail, with the balance of the eleven-month, 29 day sentence to be served on probation. In this appeal, the defendant raises three issues for our consideration
1. Whether the evidence sufficiently supports his conviction.
1. Whether the state proved venue.
1. Whether the trial court erred in its instruction on the definition of "physical control" as used in the driving under the influence statute.
Having reviewed the record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court.
This interesting case tests the boundaries of the driving under the influence statute, which allows a conviction not only where there is evidence of actual driving while under the influence, but also upon mere evidence that a defendant was in "physical control" of a vehicle while under the influence. In accord with previous decisions of this court and the Tennessee Supreme Court, we hold that the defendant who drank alcohol, went to his parked vehicle to sleep it off, and fell asleep with the car engine running is within the reach of the driving under the influence statute. This case also presents the question whether the pattern jury instruction on "physical control" is inadequate because it does not include Tennessee's totality-of-the-circumstances test for "physical control." However, we are unable to reach the merits of this issue because the record does not reflect that it was presented to the court below.
The facts presented at trial revealed that shortly after 3:00 a.m. on July 10, 1997, Officer Gerry Davis of the Chattanooga Police Department was patrolling the area around Brainerd Road and Lee Highway. He noticed a vehicle on the parking lot of Ankar's, a restaurant and bar, with steam or smoke coming out of the tail pipe and its lights on. Upon further inspection, Officer Davis discovered the defendant slumped over the steering wheel asleep. Officer Davis returned to his patrol vehicle, where he retrieved and set up a video camera. In the four to five minutes it took him to complete this task, the defendant did not stir.
After he set up the video camera, Officer Davis awakened the defendant by knocking on the window. The defendant turned off the ignition and got out of his van. The defendant was somewhat confused and said he thought he was in a hospital parking lot. The defendant also said something about his mother. The defendant told Officer Davis he had consumed two screwdrivers in Ankar's earlier that evening. Officer Davis observed the defendant's eyes to be very red, his movements to be delayed, and he smelled of alcohol. The officer gave the defendant several field sobriety tests, and the defendant performed poorly. Believing that the defendant exhibited a high level of impairment, Officer Davis arrested him. Thereafter, the defendant performed a breathalyzer test at 4:49 a.m. which indicated his blood alcohol level to be .10.
To counter the state's proof, the defendant offered evidence that he had been extremely tired on the evening in question, having worked that day, visited his mother in the hospital until 9:00 or 10:00 p.m., and eaten dinner and listened to karaoke at Ankar's. When the defendant exited Ankar's around 12:00 or 1:00 a.m., he was extremely tired. Therefore, he turned on the engine of his car, reclined his seat, and took a nap. The defendant travels extensively in his employment, and he often took af
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