Trial begins in deadly Virginia DUI accident

The trial of a man accused of drinking and driving before he ran over and killed an 8-year-old boy earlier this year is underway in Virginia.

Officials claim that Victor Aldana was drunk when his car jumped a curb, flew across the grass and hit Maria Chavez and her son, Brian, while they were walking to on Duke Street in Alexandria on January 15.

Testifying in Alexandria Circuit Court, Chavez told a judge that she and her son were walking to an indoor playground at the Landmark Mall near Interstate 395 when they were struck.

"All of a sudden, a car coming from Duke Street made impact with our bodies," Chavez stated ". . . Brian was standing to my side. I was holding my son’s hand."

Chavez broke both her legs and a hip in the crash.

The 22-year-old Aldana is charged with manslaughter while driving under the influence, reckless driving and operating a vehicle without a license. According to the news outlet, he had a blood alcohol level of 0.15, nearly twice the legal limit, four hours after the accident.

"We ask that he be held accountable for his incomprehensible actions that afternoon," an accident attorney for the state told the judge.

Police said that on the morning of the crash, Aldana drank two 23-ounce cans of the alcoholic drink Four Loko.

A defense attorney said that while the fatal crash was a terrible accident, he is not a criminal.

"Mr. Aldana is on trial for something he never intended to happen. This case is a tragedy, but not every tragedy is a crime," the lawyer added. “We get distracted, we miss a turn. Sometimes, our cars become something we can’t control."

According to the Virginia Department of Motor Vehicles, 245 people were killed as the result of an alcohol-related crash in the state in 2011.

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