UPDATE: Father facing DUI, child neglect charges

Posted by Shawn Maclauchlan

RICHMOND, VA (WWBT) - The hearing for a Henrico County father on charges of DUI and child neglect was continued until November 22.

Police say they found the dad passed out behind the wheel, with his two children inside the car. Not only was Ernesto Legayada asleep behind the wheel with his children inside, but the car was also going in reverse.

The car came to rest after rolling back and hitting a curb. That's when, police say, the father woke up and had no idea what happened.

This all happened last month in Henrico's West End.

Police say the children inside the car were ages one and five. Both were in the back seat. Those children were fine and eventually turned over to their mother who was home at the time.

Prior to the arrest, investigators tell us Legayada had been drinking at a friends house.

"In the position he was in, someone could've come up and run into that vehicle," said Lt. Jim Price. "He could've crashed and it could've been a worse tragedy."

Initially, Legayada refused a blood alcohol test. But records later showed his level was somewhere between .08 and .14.

His court hearing will start at just before 11 a.m. Monday in juvenile and domestic relations court.

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