Justin Dean Hedgpeth v. Commonwealth of Virginia
0107171
| Va. Ct. App. | Dec 27, 2017Background
- On March 12, 2016 Officer Mizelle observed Justin Hedgpeth make an illegal right turn past two visible "no right turn" signs, followed him through an alley, and stopped his vehicle in a parking lot.
- Officer smelled a strong odor of alcohol from Hedgpeth and his vehicle; open whiskey bottle, a two‑liter with an alcoholic‑smelling brown liquid, and cups were observed in the car.
- Hedgpeth refused two requests to perform field sobriety tests, attempted to light cigarettes against the officer’s direction, and then fled on foot through a parking lot and wooded area; he was later apprehended.
- Hedgpeth stipulated at trial that he fled, that his license was revoked at the time, that he was the driver, and that he had two prior DWI convictions within ten years.
- Following a bench trial where only Officer Mizelle testified, the circuit court convicted Hedgpeth of (inter alia) third‑or‑subsequent DWI, two counts of misdemeanor eluding, two counts of driving on a revoked license (one felony enhancement), and petit larceny. Hedgpeth appealed the sufficiency of the evidence for the DWI and one driving‑on‑revoked count.
Issues
| Issue | Hedgpeth's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove Hedgpeth was driving while intoxicated (Code § 18.2-266) | Officer’s brief interaction, passenger could explain alcohol odor/open containers, driving and fleeing do not prove impairment; refusal to test can be innocent; his driving and flight showed capability | Totality of circumstances (odor on person and vehicle, slurred speech, open containers, refusal to perform tests, and flight) support a finding of intoxication beyond reasonable doubt | Affirmed — a rational factfinder could find DWI beyond a reasonable doubt based on circumstantial evidence and conduct (refusal + flight) |
| Whether evidence supported felony driving on a revoked license (Code § 46.2-391(D)(2)) | If DWI finding insufficient, felony enhancement (driving while revoked after prior revocation) should be reduced to misdemeanor because no proof the driving endangered others | Driving while intoxicated is inherently dangerous; Hedgpeth stipulated to revoked license and to driving; felony elements satisfied once DWI proven | Affirmed — felony enhancement proper because DWI conviction established and Hedgpeth had a prior revocation and was driving while revoked |
Key Cases Cited
- Jones v. Commonwealth, 279 Va. 52 (refusal to submit to field sobriety tests alone is insufficient to prove consciousness of guilt)
- Thurston v. Lynchburg, 15 Va. App. 475 (intoxication may be proved by observable effects on manner, speech, movement, appearance)
- Emerson v. Commonwealth, 43 Va. App. 263 (concurrent circumstantial facts can combine to support conviction)
- Derr v. Commonwealth, 242 Va. 413 (multiple related circumstances may irresistibly lead to a conclusion)
- Davis v. Commonwealth, 12 Va. App. 408 (driving while intoxicated is inherently dangerous)
- Wyatt v. Commonwealth, 47 Va. App. 411 (drunk drivers have dulled perceptions and slower reflexes)
- Essex v. Commonwealth, 228 Va. 273 (purpose of drunk driving laws is to protect the public from harm)