MUSMANNO, J.:
¶ 1 The Commonwealth appeals from the Order entered on March 31, 2000, which granted Appellee Gary Huggins’s (“Huggins”) Motion to dismiss certain charges filed against him and to suppress evidence. We affirm in part and reverse in part.
¶ 2 On July 10, 1998, at about 5:15 p.m., Huggins fell asleep while driving a passenger van on Interstate 80. After Huggins’s van struck another vehicle, it drove up an embankment, flipped, and came to rest on its passenger side. At the time of the accident, Huggins’s van held 24 occupants, 20 of whom were under the age of 12 years old. Two of the occupants died as a result of the accident, and 16 occupants sustained injuries.
¶ 3 On August 16, 1999, police charged Huggins with 23 counts of aggravated assault, two counts of involuntary manslaughter, two counts of homicide by vehicle, 23 counts of recklessly endangering another person (REAP),1 and various summary offenses.2 On December 29, 1999, Huggins filed an omnibus pretrial Motion to dismiss the charges of aggravated assault, involuntary manslaughter, homicide by vehicle, and REAP. Huggins also sought to suppress any evidence relating to the use or non-use of seat belts in the van.
¶ 4 On February 16, 2000, the trial court conducted a hearing on Huggins’s Motion. At that time, the parties agreed that the evidentiary record would be comprised of the testimony from an earlier preliminary hearing. N.T., 2/16/00, at 3-4. The trial court summarized the evidence from this hearing as follows:
On July 10, 1998 at approximately 5:15 p.m., [Huggins] was driving a Ford passenger van eastbound on Interstate 80, when at mile marker 298.8 he allegedly fell asleep while still operating the vehicle. [Huggins] allegedly woke up just in time to see that he was going to impact with the rear end of a Saturn sedan driven by Charles P. Bayly. The front left section of [Huggins’s] van struck the right rear portion of Mr. Bayly’s Saturn, [Huggins’s] van veered sharply to the right, crossed the right travel lane, and went onto the right shoulder where it impacted with the embankment. The van rode up the embankment, then flipped in the air and came to rest on the passenger side; half in the right shoulder of the highway, and half in the right lane of travel. Mr. Bayly pulled his vehicle over to the side of the road and went to render assistance to the people in [Huggins’s] van. Mr. Bayly testified that he was driving in the left lane at approximately 60 to 65 miles per hour when the accident occurred, and that he did not see [Huggins’s] van until after the vehicles collided. Mr. Bayly also testified that it was a clear and sunny afternoon on the date of the incident.
[1045]*1045Pennsylvania State Trooper Peter Gu-towski arrived at the accident scene at approximately 5:45 p.m. Trooper Gutow-ski testified that [Huggins] seemed dazed and confused, and that [Huggins] allegedly admitted to Trooper Gutowski that he had momentarily fallen asleep while driving, which the Trooper later determined to be the cause of the accident. Trooper Gutowski’s investigation also showed that [Huggins’s] van had only 15 seats, yet there had been 24 occupants in the van when the accident occurred. Of the 24 occupants, 21 were juveniles, with 20 under the age of 12 years old. At least sixteen of the passengers in the van were injured in the accident, and two of the van’s passengers were pronounced dead later that evening. The autopsy reports of Janine Ocean and Michael Channell indicate that both were passengers in [Huggins’s] van, and that they both died as the result of multiple injuries sustained during the accident. The autopsy lists the cause of death for both people as being accidental.
An accident reconstructionist, Pennsylvania State Trooper Brian Vaddell, arrived at the accident site after dark on that same evening. Using the van’s skid marks and the friction coefficient of the roadway, Trooper Vaddell calculated that [Huggins] was travelling at a speed of at least 78 miles per hour following the impact with Mr. Bayly’s Saturn. The speed limit for that portion of Interstate 80 was posted at 55 miles per hour. Trooper Vaddell determined that none of the van’s passengers were wearing seat belts when the accident occurred. From his initial investigation, Trooper Vaddell concluded that the accident was caused by [Huggins’s] falling asleep.
Trial Court Opinion, 3/31/00, at 1-2.
¶ 5 After the hearing, the trial court granted Huggins’s Motion to dismiss the involuntary manslaughter charges. The trial court reasoned that, to prove the charge of involuntary manslaughter, the Commonwealth would be required to establish that Huggins consciously created a risk that serious injury or death would result from his conduct, or at least that Huggins could have reasonably anticipated that death or serious injury would result from his conduct. Id. at 8-9. The trial court concluded that the Commonwealth failed to establish either of these propositions. According to the trial court, “the Commonwealth has presented no evidence indicating that [Huggins] had any reason to believe that he was dangerously tired before falling asleep and causing the accident.” Id. at 9.
¶ 6 The trial court additionally granted Huggins’s Motion to suppress evidence as to whether the passengers were wearing seat belts at the time of the accident. The trial court concluded that 75 Pa.C.S.A. § 4581(f)3 precludes the introduction of such evidence. Id. at 17-18. Thereafter, the Commonwealth filed the instant appeal, certifying that the trial court’s Order terminated or substantially handicapped its prosecution of Huggins.4
¶ 7 The Commonwealth raises the following two claims on appeal:
I. Whether the trial court erred in failing to determine that sufficient evidence had been presented at the preliminary hearing to sustain a [1046]*1046prima facie case on two counts of involuntary manslaughter?
II. Whether the trial court erred in suppressing evidence that small children unrestrained by seat belts were seated on the floor of [Huggins’s] overloaded van at the time of impact with another vehicle.
Commonwealth’s Brief at viii.5
¶8 Initially, we note that Huggins’s Motion to dismiss the involuntary manslaughter charges was in the nature of a habeas corpus petition. N.T., 2/16/2000, at 3. “[A] petition for writ of habeas corpus is the proper means for testing a pretrial finding that the Commonwealth has sufficient evidence to establish a prima facie case.” Commonwealth v. Saunders, 456 Pa.Super. 741, 691 A.2d 946, 948 (1997) (citation omitted). “The decision to grant or deny a petition for writ of habeas corpus will be reversed on appeal only for a manifest abuse of discretion.” Commonwealth v. Karlson, 449 Pa.Super. 378, 674 A.2d 249, 250-51 (1996).
¶ 9 At the preliminary hearing, the Commonwealth need not prove the defendant’s guilt beyond a reasonable doubt. Commonwealth v. Kowalek, 436 Pa.Super. 361, 647 A.2d 948, 949 (1994).
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MUSMANNO, J.:
¶ 1 The Commonwealth appeals from the Order entered on March 31, 2000, which granted Appellee Gary Huggins’s (“Huggins”) Motion to dismiss certain charges filed against him and to suppress evidence. We affirm in part and reverse in part.
¶ 2 On July 10, 1998, at about 5:15 p.m., Huggins fell asleep while driving a passenger van on Interstate 80. After Huggins’s van struck another vehicle, it drove up an embankment, flipped, and came to rest on its passenger side. At the time of the accident, Huggins’s van held 24 occupants, 20 of whom were under the age of 12 years old. Two of the occupants died as a result of the accident, and 16 occupants sustained injuries.
¶ 3 On August 16, 1999, police charged Huggins with 23 counts of aggravated assault, two counts of involuntary manslaughter, two counts of homicide by vehicle, 23 counts of recklessly endangering another person (REAP),1 and various summary offenses.2 On December 29, 1999, Huggins filed an omnibus pretrial Motion to dismiss the charges of aggravated assault, involuntary manslaughter, homicide by vehicle, and REAP. Huggins also sought to suppress any evidence relating to the use or non-use of seat belts in the van.
¶ 4 On February 16, 2000, the trial court conducted a hearing on Huggins’s Motion. At that time, the parties agreed that the evidentiary record would be comprised of the testimony from an earlier preliminary hearing. N.T., 2/16/00, at 3-4. The trial court summarized the evidence from this hearing as follows:
On July 10, 1998 at approximately 5:15 p.m., [Huggins] was driving a Ford passenger van eastbound on Interstate 80, when at mile marker 298.8 he allegedly fell asleep while still operating the vehicle. [Huggins] allegedly woke up just in time to see that he was going to impact with the rear end of a Saturn sedan driven by Charles P. Bayly. The front left section of [Huggins’s] van struck the right rear portion of Mr. Bayly’s Saturn, [Huggins’s] van veered sharply to the right, crossed the right travel lane, and went onto the right shoulder where it impacted with the embankment. The van rode up the embankment, then flipped in the air and came to rest on the passenger side; half in the right shoulder of the highway, and half in the right lane of travel. Mr. Bayly pulled his vehicle over to the side of the road and went to render assistance to the people in [Huggins’s] van. Mr. Bayly testified that he was driving in the left lane at approximately 60 to 65 miles per hour when the accident occurred, and that he did not see [Huggins’s] van until after the vehicles collided. Mr. Bayly also testified that it was a clear and sunny afternoon on the date of the incident.
[1045]*1045Pennsylvania State Trooper Peter Gu-towski arrived at the accident scene at approximately 5:45 p.m. Trooper Gutow-ski testified that [Huggins] seemed dazed and confused, and that [Huggins] allegedly admitted to Trooper Gutowski that he had momentarily fallen asleep while driving, which the Trooper later determined to be the cause of the accident. Trooper Gutowski’s investigation also showed that [Huggins’s] van had only 15 seats, yet there had been 24 occupants in the van when the accident occurred. Of the 24 occupants, 21 were juveniles, with 20 under the age of 12 years old. At least sixteen of the passengers in the van were injured in the accident, and two of the van’s passengers were pronounced dead later that evening. The autopsy reports of Janine Ocean and Michael Channell indicate that both were passengers in [Huggins’s] van, and that they both died as the result of multiple injuries sustained during the accident. The autopsy lists the cause of death for both people as being accidental.
An accident reconstructionist, Pennsylvania State Trooper Brian Vaddell, arrived at the accident site after dark on that same evening. Using the van’s skid marks and the friction coefficient of the roadway, Trooper Vaddell calculated that [Huggins] was travelling at a speed of at least 78 miles per hour following the impact with Mr. Bayly’s Saturn. The speed limit for that portion of Interstate 80 was posted at 55 miles per hour. Trooper Vaddell determined that none of the van’s passengers were wearing seat belts when the accident occurred. From his initial investigation, Trooper Vaddell concluded that the accident was caused by [Huggins’s] falling asleep.
Trial Court Opinion, 3/31/00, at 1-2.
¶ 5 After the hearing, the trial court granted Huggins’s Motion to dismiss the involuntary manslaughter charges. The trial court reasoned that, to prove the charge of involuntary manslaughter, the Commonwealth would be required to establish that Huggins consciously created a risk that serious injury or death would result from his conduct, or at least that Huggins could have reasonably anticipated that death or serious injury would result from his conduct. Id. at 8-9. The trial court concluded that the Commonwealth failed to establish either of these propositions. According to the trial court, “the Commonwealth has presented no evidence indicating that [Huggins] had any reason to believe that he was dangerously tired before falling asleep and causing the accident.” Id. at 9.
¶ 6 The trial court additionally granted Huggins’s Motion to suppress evidence as to whether the passengers were wearing seat belts at the time of the accident. The trial court concluded that 75 Pa.C.S.A. § 4581(f)3 precludes the introduction of such evidence. Id. at 17-18. Thereafter, the Commonwealth filed the instant appeal, certifying that the trial court’s Order terminated or substantially handicapped its prosecution of Huggins.4
¶ 7 The Commonwealth raises the following two claims on appeal:
I. Whether the trial court erred in failing to determine that sufficient evidence had been presented at the preliminary hearing to sustain a [1046]*1046prima facie case on two counts of involuntary manslaughter?
II. Whether the trial court erred in suppressing evidence that small children unrestrained by seat belts were seated on the floor of [Huggins’s] overloaded van at the time of impact with another vehicle.
Commonwealth’s Brief at viii.5
¶8 Initially, we note that Huggins’s Motion to dismiss the involuntary manslaughter charges was in the nature of a habeas corpus petition. N.T., 2/16/2000, at 3. “[A] petition for writ of habeas corpus is the proper means for testing a pretrial finding that the Commonwealth has sufficient evidence to establish a prima facie case.” Commonwealth v. Saunders, 456 Pa.Super. 741, 691 A.2d 946, 948 (1997) (citation omitted). “The decision to grant or deny a petition for writ of habeas corpus will be reversed on appeal only for a manifest abuse of discretion.” Commonwealth v. Karlson, 449 Pa.Super. 378, 674 A.2d 249, 250-51 (1996).
¶ 9 At the preliminary hearing, the Commonwealth need not prove the defendant’s guilt beyond a reasonable doubt. Commonwealth v. Kowalek, 436 Pa.Super. 361, 647 A.2d 948, 949 (1994).
Rather, the Commonwealth must show sufficient probable cause that the defendant committed the offense, and the evidence should be such that if presented at trial, and accepted as true, the judge would be warranted in allowing the case to go to the jury.
Id.
¶ 10 The Crimes Code defines the crime of involuntary manslaughter as follows:
[A] person is guilty of involuntary manslaughter when as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person.
18 Pa.C.S.A. § 2504. Under the Crimes Code, a person acts recklessly, with respect to a material element of an offense,
when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and intent of the actor’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor’s situation.
18 Pa.C.SA. § 302(b)(3). A “substantial” risk is one that increases the likelihood of harm to such a significant degree that disregarding this risk is seen as criminal conduct. See Commonwealth v. Mastromatteo, 719 A.2d 1081, 1084 (Pa.Super.1998).
¶ 11 The Crimes Code does not define the term “grossly negligent,” a term used in the involuntary manslaughter statute. See 18 Pa.C.S.A. § 2504. However, in Commonwealth v. Lobiondo, 501 Pa. 599, 462 A.2d 662 (1983), our Supreme Court concluded that the legislature has equated the term “gross negligence” with “recklessness,” rather than with mere negligence.6 Id. at 604, 462 A.2d at 665.
[1047]*1047¶ 12 The Commonwealth presented evidence that Huggins fell asleep while driving, that his 15-passenger van carried 24 occupants, and that he was driving at least 78 miles per hour in a zone posted for a maximum speed of 55 miles per hour. The question before us is whether this evidence establishes a prima facie case that Huggins “consciously disregarded a substantial and unjustifiable risk” that death would result from his actions. We conclude that it does not.
¶ 13 In this case, the Commonwealth presented evidence that, at the time of the accident, Huggins’s vehicle was traveling in excess of the posted speed limit. It has long been the law of this Commonwealth that “conduct made unlawful by the Vehicle Code is not necessarily the kind of “unlawful act” included within the definition of involuntary manslaughter, for in many instances, the [Vehicle Code] makes unlawful, ordinary negligence.” Commonwealth v. Busler, 445 Pa. 359, 361, 284 A.2d 783, 784 (1971); accord Commonwealth v. Comer, 552 Pa. 527, 716 A.2d 593 (1998); Commonwealth v. Cienkowski, 290 Pa.Super. 415, 434 A.2d 821, 822 (1981). By driving in excess of the speed limit, Huggins’s conduct may establish negligence, but it does not, standing alone, establish the mens rea of recklessness, which is a necessary element of involuntary manslaughter. Likewise, we cannot conclude that Huggins “consciously disregarded a substantial and unjustifiable risk” that death would result from his actions, as required by section 2504, when he transported 24 passengers in a van designed to carry 15 passengers. Accordingly, we must consider whether the fact that Huggins fell asleep, while driving under such circumstances, is sufficient to establish reckless conduct for purposes of section 2504.
¶ 14 This Court has held that falling asleep while operating a motor vehicle constitutes careless driving. See Commonwealth v. Petroll, 696 A.2d 817, 823 (Pa.Super.1997), affirmed, 558 Pa. 565, 738 A.2d 993 (1999);7 Commonwealth v. Cathey, 435 Pa.Super. 162, 645 A.2d 250, 250-51 (1994). The mens rea for careless driving, a violation of the Vehicle Code, is a careless disregard of the rights and safety of others. Commonwealth v. Wood, 327 Pa.Super. 351, 475 A.2d 834, 836 (1984). Although the Vehicle Code does not define “careless disregard,” in a case involving the offense of reckless driving, this Court has stated:
The 1951 amendment [to the Vehicle Code] redefined reckless driving by eliminating wanton or willful conduct in the operation of a vehicle as an essential element of the offense. But in doing so[,] it is clear that the legislature did not intend to increase a driver’s responsibility for ordinary negligence by reclassifying mere negligence as reckless driving. What was contemplated in the language “carelessly disregarding the rights and safety of others, or in a manner so as to endanger any person or property ” was to set the minimal requisite of reckless driving at less than nmllful and wanton conduct on the one hand [1048]*1048and, on the other, something more than ordinary negligence or mere absence of care under the circumstances.
Id. (citing Commonwealth v. Forrey, 172 Pa.Super. 65, 92 A.2d 233, 234 (1952)) (emphasis added). “Therefore careless disregard is the equivalent of culpable negligence.” Wood, 475 A.2d at 836. As set forth above, ordinary negligence involves a lower degree of culpability than recklessness. Lobiondo, 501 Pa. at 604, 462 A.2d at 665. Although the act of falling asleep while driving evidences a careless disregard of the safety of others, it does not, standing alone, demonstrate a “conscious disregard” of a substantial and unjustifiable risk, ie., recklessness or gross negligence.
¶ 15 The victims in this case were passengers in the offending driver’s vehicle, unlike in Petroll and Cathey, where the victims were riding in other vehicles. However, this is a distinction without a difference. The location of the victim in a motor vehicle accident caused by a driver who falls asleep at the wheel does not affect the driver’s intent, nor does it create a more serious risk. The lives of all persons driving, riding, or walking on a road are subject to the control and care of other drivers.
¶ 16 Despite the tragic circumstances of this case, we are constrained to agree with the trial court that, to establish the mens rea of recklessness, the Commonwealth must present evidence that Huggins had reason to believe that he was dangerously tired before falling asleep. Without this evidence, the Commonwealth cannot establish that Huggins consciously disregarded a substantial and unjustifiable risk that death would result from his actions. The Commonwealth failed to present such evidence. On this basis, we affirm the trial court’s dismissal of the charges of involuntary manslaughter.
¶ 17 In its second allegation of error, the Commonwealth claims that the trial court erred by suppressing evidence that the passengers in the van were not using seat belts. When we review the ruling of a suppression court, we must ascertain whether its factual findings are supported by the record and whether the inferences and legal conclusions drawn from those facts are reasonable. Commonwealth v. Lewis, 535 Pa. 501, 504, 636 A.2d 619, 621 (1994). Where the Commonwealth challenges an adverse ruling of the suppression court, we will consider only the evidence for the defense and whatever evidence for the prosecution that remains uncontradicted in context of the whole record. Commonwealth v. Romine, 453 Pa.Super. 42, 682 A.2d 1296, 1298 (1996) (en banc). If there is support in the record, we are bound by the facts as found by the suppression court, and we may reverse that court only if the legal conclusions drawn from these facts are in error. Commonwealth v. Brundidge, 533 Pa. 167, 170, 620 A.2d 1115, 1116 (1993).
¶ 18 Here, the trial court concluded that section 4581 of the Vehicle Code precludes the introduction of evidence regarding whether the occupants of a vehicle were wearing seat belts at the time of an accident. Section 4581 provides, in relevant part, as follows:
SUBCHAPTER E. CHILD PASSENGER PROTECTION
§ 4581 Restraint systems.
(a) Occupant protection.—
(1) Any person who is operating a passenger car, Class I truck, Class II truck, classic motor vehicle, antique motor vehicle or motor home and who transports a child under. four years of age anywhere in the motor vehicle, including the cargo area, shall fasten such child se[1049]*1049curely in a child passenger restraint system, as defined in subsection (d). This subsection shall apply to all persons while they are operators of motor vehicles where a seating position is available which is equipped with a seat safety belt or other means to secure the systems or where the seating position was originally equipped with safety belts.
(2) Except for children under four years of age and except as provided in paragraph (1), each driver and front seat occupant of a passenger car, Class I truck, Class II truck, classic motor vehicle, antique motor vehicle or motor home operated in this Commonwealth shall wear a properly adjusted and fastened safety belt system. A conviction under this paragraph by State or local law enforcement agencies shall occur only as a secondary action when a driver of a motor vehicle has been convicted of any other provision of this title. The driver of a passenger automobile shall secure or cause to be secured in a properly adjusted and fastened seat belt system any occupant in the front seat who is four years of age or older and less than 18 years of age....
(f) Criminal proceedings. — The requirements of this subchapter or evidence of a violation of this subchapter [Subchapter E] are not admissible as evidence in a criminal proceeding except in a proceeding for a violation of this subchapter. No criminal proceeding for the crime of homicide by vehicle shall be brought on the basis of noneom-pliance with this subchapter.
75 Pa.C.S.A. § 4581 (emphasis added).8 Thus, under this section, seat belt evidence may be used to prove a violation 75 Pa. C.S.A. § 4581, i.e., that (1) the vehicle operator failed to secure a child in the vehicle, under the age of four, in a child passenger restraint system; (2) the driver or front seat occupant was not wearing a seat belt, or (3) the driver failed to secure a child, who is between the ages of 4 and 18, who is riding in the front seat. Id. Evidence of seat belt use may be admissible at trial, so long as it does not establish a violation of section 4581(f).
¶ 19 In the instant case, the Commonwealth presented evidence that the van had only 15 seats, 24 occupants were in the van, 21 of the 24 occupants were juveniles or children, 20 of the 21 children were under age 12, at least 16 passengers were injured, two of the passengers died, and none of the occupants wore seat belts. See N.T., 9/2/99, at 44, 51, 63, 72, 78. The record is unclear as to how many occupants were under age 4, and how many occupants were in the front seat.
¶ 20 The trial court precluded all evidence that any passengers were unbelted, without taking into account the age or position of the occupants in the van. Because the trial court’s suppression Order is overbroad, we reverse.9 On remand, the trial court is directed to take into account the age and seating positions [1050]*1050of the occupants before determining whether evidence of seat belt non-use is prohibited by Section 4581(f).
¶ 21 Affirmed in part; reversed in part; remanded for further proceedings; jurisdiction relinquished.
¶ 22 STEVENS, J., joins in part.
¶ 23 LALLY-GREEN, J., joins in part.
¶ 24 McEWEN, President Judge Emeritus, joins in part.
¶ 25 LALLY-GREEN, J., files a Concurring and Dissenting Opinion.
¶ 26 JOYCE and STEVENS, JJ., join LALLY-GREEN’S Concurring and Dissenting Opinion.
¶ 27 McEWEN, President Judge Emeritus, files a Concurring and Dissenting Statement.
¶ 28 CAVANAUGH, J., files a Dissenting Statement.