A mother is driving a vehicle that runs off the road and hits an enbankment. The driver is NOT intoxicated. It is just a car accident. The driver had her one year old sitting next to her in the front seat and the one year old was NOT in a carseat or seatbelt. The child was taken to the hospital and suffered NO injuries.
The sheriff's office submitted child endangerment charges. My thoughts are (1) child was not injured and (2) if the case is accepted then is every person who drives with a child not in a car seat or seatbelt a potential criminal? The size of a criminal docket could get quite large.
What are you doing in similar situations?
I'm not sure, but it seems that, since there is a misdemeanor crime for failing to restrain a child in safety seat, that would trump a endangering a child felony based only on failed to restrain in a safety seat. Seems like you need more.
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