Propst v. Commonwealth

In Propst v. Commonwealth, 24 Va. App. 791, 485 S.E.2d 657 (1997), the defendant was found behind the wheel of his pickup truck, which was stopped in an intersection. See 24 Va. App. at 792-793, 485 S.E.2d at 658. The defendant was asleep in the driver's seat with the seat belt fastened around him. See id. at 793, 485 S.E.2d at 658. The truck's engine was not running, but the key was in the ignition. See id. The dashboard lights were illuminated as were the headlights and taillights. See id. The truck was in gear. See id. The defendant told the officer that he had been "'driving around'" and was on his way home. See id. The officer smelled an odor of alcohol on the defendant, the defendant's face was flushed and the officer saw beer on the floor of the truck. See id. The defendant told the officer that he had consumed two beers earlier in the evening. See id. The Court held that the evidence was sufficient to find that the defendant was "operating" the truck within the proscription of the drunk driving statute. See id. at 793, 485 S.E.2d at 659.