Toddler dies following DUI crash on I-64 in Hampton involving teen driver

HAMPTON, Va. (WAVY) -- A toddler has died following a DUI crash on Interstate 64 in Hampton, police say.

According to Virginia State Police, the crash occurred just after 2 a.m. Monday in the eastbound lanes of Interstate 64 in Hampton. State Police said a silver sedan went off the right side of the interstate and struck the guardrail. The sedan then went off the left side of the interstate and struck the jersey wall. There were no publicly accessible documents filed in court when 10 On Your Side went to the Hampton courthouse.

State police released images of the crash scene, which show the badly damaged sedan.

Courtesy- VSP

Courtesy- VSP

Police said the driver of the vehicle, a 14-year-old girl, suffered serious injuries and was taken to a local hospital. She was not wearing a seatbelt.

A one-year-old child was in the car during the crash and was taken to the hospital with serious injuries. Police announced Friday morning that the toddler died on March 26.

The toddler was not properly restrained, police say.

The underage driver faces the following charges:

• Driving under the influence
• Driving without a license
• Child restraint violation

Police said additional charges are pending, and did not specify if the DUI charge was for alcohol or drugs. They also did not give further details on the child restraint violation.

The legal minimum driving age in Virginia is 16 years and 3 months. Drivers can obtain a learner's permit at 15 years and 6 months. There are no exceptions, according to the Virginia Department of Motor Vehicles.

Police didn't specify if the charge was for alcohol or drugs. Either way, the legal age for both is 21 years in Virginia.

As of Tuesday morning, investigators were still sorting out how the people involved are related to one another.

A defense attorney who specializes in representing children in court, Katherine Currin, explained how the legal process works when someone this young faces such serious charges. The 14-year-old girl who was arrested has most of the same rights as an adult arrested for the same crime.

Currin, not connected to this case, said a minor who gets arrested does not get a jury if they go to trial, unless they're being tried as an adult. Virginia law states that the court is supposed to hold a trial for a child within 21 days of arrest, or otherwise release them. Authorities can hold a child past that timeline if they have cause.

"You're really supposed to try these children within 21 days if they're held in custody, and that is because of the extended trauma that it is to be away from their family while something this stressful is going on," Currin said. "That's a really impactful thing to happen to a child."

Currin said this is because being in jail is prolonged trauma.

"Whether they're guilty or not, they've been involved in a situation where the police responded and they got charged with a crime," Currin said. "So even if they're innocent, they've been through a trauma. But in addition to that, going through something that difficult and then being removed entirely from your support system."

The identity of the child and other details about the allegations are not publicly revealed in court in the same way they are for adults.

The crash remains under investigation.