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Malcolm Wayne Sutphin was found guilty of driving while intoxicated by Judge John Alexander in General District Court on Tuesday.
On the night of May 23, Sutphin was involved in a single vehicle accident on Route 642 in Amissville. Trooper R. A. Baines was called to the scene at 9:48 p.m., and found Sutphin’s truck partially blocking the road. Trooper Baines testified in court that the truck appeared to be totally damaged, and that he saw Sutphin in the middle of Route 642.
Trooper Baines said that he noticed that Sutphin was staggering. “I administered the agility test to him, and he faded to touch his nose correctly,” Trooper Baines said. “I then administered the field sobriety test, advised him of the implied consent law and of his Miranda rights and arrested him for driving under the influence.”
Trooper Baines testified that Sutphin told him that he had had a “whole lot” to drink that night, but that he had not had any alcohol in the vehicle or after the accident. “I did find alcohol later in the truck,” Trooper Baines said. “He said, ‘I guess it was all my fault. I guess I was under the influence’.”
Trooper Baines presented pictures of Sutphin’s truck at the accident. He said that Sutphin missed a curve, went
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