First, I'm an investigator with our office and I know I'm on the wrong board so don't hate me but...I am looking for prosecutor's opinions here.

We have a recent case where a female driver had two children under 15 in the vehicle and was involved in a collision after she slowed in the traffic lane to stop to pick up someone walking. All occupants went to the hospital for treatment. Two were released and one of the children was transferred to another hospital with concussion/vomiting/LOC and in "serious" condition.

In everyone's experience, Intox Assault or DWI with Child Passenger? Driver has a prior conviction for DWI also. I'm inclined to go against Intox Assault due to no serious bodily injury (protracted loss, etc...). Just throwing the question out there and any advice is appreciated. Willing to hear any arguments for or against either.

I'm not a prosecutor either, so take this with a grain of salt. Can you prove causation on the intoxication assault?

They are not lesser included offenses, so you could use both, one with each victim.

Another avenue we use is Reckless Injury to a Child, BI or SBI, in addition to the DWI based offenses, which, in the case of SBI, is an F/2.

If causation is an issue, you could also consider DWI Child + DW and Endangering a Child + DW, which are both punished as F/3's.

Gary:

Many thanks for the good comments. Here in Yoakum County, on the "frontier" to NMexico We're grateful for the help from our "city/metroplex" brethren. Bill

You're welcome Bill. Happy Thanksgiving.