Alcohol, due process, post-accident testing.

Vicki Mosby appeals her conviction on charges of negligent child endangerment. Mosby lost control of vehicle and struck and cinder-block structure. Her child, who was riding in child carrier, was thrown from the device and sustained a head injury. A police officer investigating the accident noted a smell of alcohol on Mosby's breath. She admitted to the officer that she had been drinking alcohol before driving the car. A post-accident test indicated Mosby's blood alcohol was 0.25 percent. Mosby was charged with negligent child endangerment.

A trial court jury found Mosby guilty of the recorded charges. Mosby later argued that the judge incorrectly instructed the jury. Mosby now appeals.

Mosby wins. The Virginia Court of Appeals reversed the ruling of the lower jurisdiction and remanded the case for a new trial.