I have an intoxicated father in the passenger seat who allows his minor unlicensed teenager to drive while there are two other properly restrained minors in the back seat.

Any helpful case law on the issue of imminent harm? Unlicensed minor is not driving badly or dangerously. It is night, he is texting, he is unlicensed and traveling on a roadway known for fatalities and for game entering the roadway. Drunk dad sees no problem. Nor does his attorney.

Under identical facts the San Antonio Appeals Court found the evidence to be sufficient for child endangerment.

See Mayberry v. State 351 S.W.3d 507 (Tex.Crim. App - San Antonio, 2012).

I found that case and agree that the facts are very similar. The only glaring difference is that the mother allowed the unlicensed driver to take more children than there were seats in the vehicle. Therefore, she knew the children couldn't possibly be adequately and safely restrained.

We don't have that in our case. We have properly restrained minors. But I feel like we should still satisfy the fact-intensive inquiry. A jury could reasonably infer that imminent harm existed.