Tuesday, April 13, 2004

Penalty for driving drunk with an underaged passenger not exclusive

In Wolfe v. Com., the Court of Appeals in an opinion by Judge Annunziata joined by Judges Frank and McClanahan affirmed the felony child abuse and neglect conviction under Va. Code 18.2-371.1 of a fellow who was caught driving drunk with his young child in the car, where the defendant argued that Va. Code 18.2-270 provided the exclusive penalty for driving drunk with a minor in the car.

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