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Hendrix v. State6/21/2005
t show that his vehicle moved "even an inch" in the presence of the officers. The officers need not have seen the vehicle move, however, to establish that Hendrix was driving.
Again, Hendrix appeared to be asleep in the driver's seat of his vehicle with the engine running, in drive, with the lights on, with his foot on the brake. There was no one else present. "Although the officer did not see the car moving, [they] observed circumstances from which a jury could infer that [Hendrix] was in actual physical control of the car when it was moved to the location where the officer found it, and that [Hendrix] was intoxicated while moving it there." DUI may be proven by circumstantial evidence, and " t is well settled that being found slumped over the steering wheel with the engine running constitutes such evidence." There was sufficient evidence for the jury to conclude beyond a reasonable doubt that Hendrix was in control of a moving vehicle while intoxicated. Thus, we affirm the trial court's denial of Hendrix's motion for directed verdict on this basis, as well.
Judgment affirmed. Johnson, P. J., and Barnes, J., concur.
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