Criminal Practice – Misdemeanor Child Abuse – Substantial Risk Creation – Dangerous Driving

Defendant admits that, while being pursued by a deputy with blue lights flashing, defendant drove, with his minor children in his vehicle, over the speed limit for approximately one minute before sometimes crossing the double-yellow center line to pass pulled-over vehicles. A reasonable juror could find that defendant created a substantial risk of physical injury to the children in his vehicle by speeding and repeatedly crossing the center line, without regard to how long defendant did either. Therefore, the trial court did not err in denying defendant’s motion to dismiss.

We find no error in defendant’s convictions for two counts of misdemeanor child abuse.

State v. Miller (Lawyers Weekly No. 012-051-21, 9 pp.) (Valerie Zachary, J.) Appealed from Forsyth County Superior Court (Eric Morgan, J.) Ann Cosper for the state; Mary McCullers Reece for defendant. 2021-NCCOA-84