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Massa v. State

Evidence that defendant admitted drinking a bottle of wine, smelled of alcohol, had bloodshot glassy eyes, slurred speech and could barely stand on his own, supported his DUI-less safe driver conviction.

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A jury found Michael Massa guilty of driving under the influence of alcohol to the extent he was a less safe driver. He appeals from the conviction, challenging the sufficiency of the evidence to support the verdict, and contending the trial court erred in denying his motion for a directed verdict of acquittal and in giving certain charges to the jury. The arguments present no basis for reversal, so we affirm. 1. The standard of review for the denial of a motion for a directed verdict of acquittal is the same as for determining the sufficiency of the evidence to support a conviction.1 On appeal, we view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence.2 We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt.3

So viewed, the evidence shows that a police officer was driving on the interstate highway around midnight when he noticed a pickup truck stopped about 40 feet off the highway’s shoulder near a wooded area. He stopped his patrol car and walked over to investigate. He shined his flashlight at the car, and shouted to the driver. The driver started the car and began to drive away. The driver made two attempts to drive up the embankment, but was unsuccessful. The officer drew his gun, and the driver stopped the car. At the officer’s command, the driver got out of the car and laid on the ground.

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