In an attention-getting case out of North Carolina, a local police officer was recently arrested and charged with drunk driving, the second officer charged with a DWI in the past week. Beyond the attention received given the man’s profession, the case has attracted interest due to the charges filed against the driver. In addition to facing drunk driving charges, the man must also contend with child abuse claims.
The incident occurred when the officer was clocked going 77 miles per hour in a 55 mph zone on the interstate. Authorities say that Reginald Richardson smelled strongly of alcohol when the officer approached the window. After a brief discussion with the arresting officer, Richardson admitted to having consumed several drinks before driving.
Given the strong smell of alcohol, the officer administered a Breathalyzer test and discovered Richardson was indeed legally impaired, blowing a 0.09 percent BAC. Though Richardson’s subsequent DWI charge wouldn’t come as a shock to anyone, his child abuse charge was not as obvious to many. That charge arose because Richardson was driving a minor, thought to be his young son, at the time he was pulled over.
In North Carolina, the law classifies anyone under the age of 16 as a child and includes special, heightened punishments for those found to be transporting a child while driving drunk. Lawmakers included driving with a minor in the car as one among several aggravating factors that can lead to stiffer penalties than would normally accompany a first-time drunk driving charge.
Beyond heightened drunk driving penalties, drivers can also face separate child abuse charges. The law in North Carolina states that any parent or supervisor of a child under 16 years of age who caused actual injury or who allows or creates a substantial risk of physical injury is guilty of child abuse. This crime is categorized as a Class 1 misdemeanor.
Here in Minnesota, similar laws exist to punish those found driving under the influence with minors in the car. The law says that driving under the influence while transporting a child under 16 will be considered an aggravating factor in a subsequent DWI case. These aggravating factor work to bump up the severity of the DWI charges faced by drivers.
A good example of this is if you were arrested for a first-time drunk driving and had no other aggravating factors besides the presence of a minor in the vehicle you would face third-degree DWI charges rather than fourth-degree charges. This means that you can expect a possible gross misdemeanor conviction rather than a simple misdemeanor. Though this may not sound like much of a difference, it ups your potential jail time from a maximum 90 days to a full year behind bars and triples your possible maximum fine from $1,000 to $3,000.
Source: “CMPD officer charged with DWI, child abuse,” published at WCNC.com
