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David Allen Nichols was found guilty in General District Court on Tuesday of driving while intoxicated (second offense) and resisting arrest. A refusal to take a breathalizer '' test charge was not prosecuted.
Nichols was arrested on the charges in the early hours of July 20 after Rappahannock Deputy Eric Heflin notcied him revving his car’s engine in the Hampton Inn Restaurant’s parking lot.
Deputy Heflin testified that he approached the car and saw Nichols slumped over in the driver’s seat with a beer can in his left hand.
“I asked him to take his foot off of the accelerator, and he reached over and turned the radio on,” Deputy Heflin said. “When I asked him' again, he asked me what time it was, and I told him it was 2:30 in the morning.”
Nichols got out of the car and tried to perform the field test, said Deputy Heflin. “He told me that he had had eight beers that day.”
Deputy Heflin said he advised Nichols that he was under arrest for driving while intoxicated, and Nichols swung around, knocking both himself and Deputy Heflin down.
Nichols then ran across the street into the B and B Service Center’s parking lot and tried to hide under a car, said Deputy Heflin. “I dragged him from under the car, and arrested him for resisting arrest, too.”
Deputy Heflin said Nichols told him that he had been sitting in the parking lot for three hours waiting Tor a friend, Irvin Jenkins, to return and take him home. Nichols advised Deputy Heflin that he did not have his driver’s license.
George Freeman, Nichols’ attorney, called Jenkins to the witness stand. Jenkins said he had driven Nichols to the restaurant and went for a ride with someone else between 10:45 and 11 p.m.
While he was riding around, Jenkins said he decided to go home, and he did not return to the restaurant that evening.
Another witness, Louise Foster, testified that Nichols had asked her to take him to Sperryville at 12:30 to look for Jenkins, and she took him back to the restaurant after failing to find Jenkins.
Nichols testified that he started his car’s motor because the radio had been left on and he needed to recharge the battery. He said he went to sleep until Deputy Heflin woke him up, and he ran when Deputy Heflin said he was under arrest for DWI because he was scared.
“I didn’t know that it was against the law to start the car, or I wouldn’t have done it,“•Nichols said. “I didn’t call anyone because I thought that Irvin (Jenkins) would be back.”
Freeman said that all of the evidence indicated that Nichols did not intend to drive the car. “He admits that he was drunk, but he had sense enough to know that he shouldn’t drive,” Freeman said.
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