 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Sanders v. Commonwealth7/26/1994
MEMORANDUM OPINION BY JUDGE JOSEPH E. BAKER
Larry Dean Sanders (appellant) appeals from his bench trial conviction by the Circuit Court of Fairfax County (trial court) for violation of Code § 18.2-266, "DRIVING UNDER THE INFLUENCE" (of Alcohol), as charged in the warrant executed "by arresting the Accused" on June 20, 1992. The arresting officer named in
the warrant is "H.S. BURNS, #106, M.W.A.A.P.D."
On appeal, appellant contends that the Commonwealth failed to prove beyond a reasonable doubt that Officer Burns had the authority to make a warrantless arrest. In support of this issue, appellant alleges that the Commonwealth failed to
prove that the MWAA had exercised authority given it by the
General Assembly of Virginia to establish a police force, that Officer Burns possessed the minimum requirements of the Department of Criminal Justice Services so as to be qualified to act as a police officer for the MWAA, or that the alleged offense occurred on MWAA property that the General Assembly had designated to be within the jurisdiction of the MWAA officers. For the reasons that follow, we reverse.
In his final argument to the trial court, appellant stated:
We're not disputing that this gentleman [Officer Burns] has the Department of Justice criteria or whatever. What we are disputing, because I have made investigation and I cannot say to this Court, looking the Court right in the eye, that the board of the Metropolitan Washington Airport Authority has ever established a police force.
We interpret that statement to be a waiver of any challenge to the qualifications of Officer Burns relating to the Department of Criminal Justice Services criteria. Therefore, we will not consider that argument in this appeal. See Rule 5A:18. Moreover, appellant's statement that he "made investigation" and "cannot say" that the MWAA board had established a police force is not evidence. The statement does not rebut the prima facie evidence presented by the Commonwealth by Officer Burns, who testified that he was a "Police Officer for the Metropolitan Washington Airport Authority." Until rebutted, that evidence supports the trial court's finding.
The remaining question in this appeal is one of venue. Appellant asserts that the evidence in the record is insufficient to show that the offense and arrest occurred on the property of the MWAA designated by the General Assembly to be within the jurisdiction of the MWAA police officers. In resolving this issue, we view the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom. Higginbotham v. Commonwealth, 216 Va. 349, 352, 218 S.E.2d 534, 537 (1975).
Officer Burns testified that he is a police officer for the MWAA and was employed as such on June 20, 1992. On that day, Burns was "patrolling the Dulles Access Road" and observed appellant operating a motor vehicle on that road. Burns testified to facts which disclosed that appellant was driving a vehicle while under the influence of alcohol. A blood test revealed appellant's blood alcohol content to be .26 percent. Burns stated that the offense occurred "within the confines of Fairfax County." After requiring appellant to submit to field dexterity tests and offering him a field alco-sensor screening device, Burns arrested appellant.
A vial containing blood and a certificate of analysis were admitted as Exhibits 1 and 2, whereupon the attorney for the Commonwealth said: "I think it's now a question of the argument." Appellant agreed and declined t
Page 1 2 3 Virginia DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|