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A driving under the influence charge against Sean Marsh was dismissed Tuesday, after Mr. Marsh’s attorney, Bill Fletcher, argued that the Commonwealth’s evidence did not establish that Mr. Marsh was driving the car within the two-hour period before being charged, as required by law.
Trooper R. A. Baines testified that he was dispatched to the scene of a single vehicle accident on Rt. 211 about one mile west of the Sperryville Exxon station at 12:48 a.m. 01502102on March 26. When he arrived, he found a vehicle half on the road, and no one at the scene.
He set up a flare and returned to the Exxon station, where he said he found Mr. Marsh standing by at the telephone. As he gave Mr. Marsh a ride back to the scene, Trooper Baines said he noticed a “moderate odor of alcohol on his breath, and his eyes were bloodshot.”
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