813 S.E.2d 10
Va. Ct. App.2018Background
- On Dec. 25, 2014 an officer observed Leslie Camp driving an SUV with both driver-side tires flat and nearly strike the officer’s patrol car; she and her two children (ages 7 and 12) exited the vehicle.
- Officer smelled alcohol; Camp admitted drinking that evening and gave inconsistent statements about where she had been.
- Camp failed all three standardized field sobriety tests, fell during the one-legged stand, and refused a preliminary breath test; officer obtained a warrant and drew blood at 10:42 p.m. showing BAC .25.
- Forensic toxicologist testified a .25 BAC impairs steering, vision, balance, causes tunnel vision, and that measured BAC can be lower than at time of driving.
- Trial court convicted Camp of felony child neglect (Va. Code § 18.2-371.1(B)(1)) and related DWI offenses; sentenced to a short active term.
- On appeal Camp argued the evidence—particularly reliance on the BAC result—was insufficient to prove her conduct was "so gross, wanton, and culpable as to show a reckless disregard for human life."
Issues
| Issue | Camp’s Argument | Commonwealth’s Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient under Va. Code § 18.2-371.1(B)(1) to convict Camp of felony child neglect for driving intoxicated with her children | The trial court gave undue weight to the BAC; the evidence did not show injury was probable (children uninjured; BAC alone insufficient) | Camp’s very high BAC (.25) plus observable driving impairment and failed sobriety tests made harm probable | Affirmed: a BAC ~.25 (about three times legal limit), together with the circumstances, is sufficient for a rational factfinder to conclude the statutory standard was met |
Key Cases Cited
- Stevens v. Commonwealth, 272 Va. 481, 634 S.E.2d 305 (2006) (a very high BAC alone can justify finding conduct "gross, wanton, and culpable")
- Wood v. Commonwealth, 57 Va. App. 286, 701 S.E.2d 810 (2010) (BAC levels ~.22–.26 while driving with children can alone support felony neglect conviction)
- Coomer v. Commonwealth, 67 Va. App. 537, 797 S.E.2d 787 (2017) (BAC near legal limit insufficient alone; other evidence required)
- Barrett v. Commonwealth, 268 Va. 170, 597 S.E.2d 104 (2004) (interpretation of "willful act" and gross, wanton, culpable conduct requiring likely injury)
- Hannon v. Commonwealth, 68 Va. App. 87, 803 S.E.2d 355 (2017) (statutory standard requires an objectively reasonable person would understand injury is likely)