Recently, a conviction for Felony Child Abuse in violation of Virginia Code Section 18.2-371.1(B) was upheld based upon the defendant’s dangerous driving with kids in the car. There, after “consuming alcohol,” the defendant put four children into her car without child seats or restraints, lost control of the car on a curve while using her cell phone, hit trees and rolled the car twice. As a result of the crash, the children were injured.
In upholding this conviction, the Court found:
“The record established that appellant consumed alcohol and failed to properly restrain her three-year-old passenger before driving ‘really fast’ on a curved road while using a cell phone, causing an accident of such magnitude as to twice overturn the vehicle and eject children to their injury.
“In addition, contrary to appellant’s assertion on brief, appellant’s manner of driving clearly was reckless. Collectively, that evidence amply supports the trial court’s conclusion that the evidence proved appellant’s guilt under Code § 18.2-371.1(B).
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