Going through a divorce is hardly an easy situation. Separations involve a number of complicated matters, including child custody. The protection of children is a top priority for parents and courts. That is why a criminal record can seriously affect a parent’s child custody rights. It’s important to contact a skilled child custody attorney when a criminal record comes into play in a divorce case.
March 10, 2020
DUI Suspect Crashes Car with 3 Kids Inside in Pennsylvania
Police in Middletown Township arrested a woman from Penndel, Pennsylvania after she allegedly drove under the influence while three children were in the car.
The incident occurred on May 10, 2019, at around 5:30 p.m. The driver of the car, a minivan, was Mackenzie Stanley, age 23, crashed it into two others cars before coming to a stop on the front lawn of a property on Forsythia way in Levittown, PA.
According to Lieutenant John Michniewicz of the Middletown Township Police Department, she was clearly intoxicated. The officer described her as "barely able to stand on her own, she had an unsteady gait, bloodshot eyes. A strong odor of alcoholic beverage on her person." Police also discovered open containers of alcohol in the vehicle after the crash.
Christian Gallardo was in an SUV that Stanley crashed into, and he described the high speed at which she was traveling when she was unable to maintain a curve. Gallardo rushed over to the vehicle after it had crashed, and he observed two children climb out.
When he looked into the minivan, he discovered an infant buckled into a car seat. Everyone involved in the crash managed to avoid being injured.
Stanley now faces over a dozen different charges, including:
driving under the influence (DUI) of alcohol; and
endangering the welfare of a child.
DUI with A Child Passenger in Pennsylvania
When a person drives under the influence of alcohol or drugs, and has a child or children in the vehicle, the charge can become more serious. Under section 3803(b)(5) of the Pennsylvania Motor Vehicle Code states that any person:
who commits a 1st or 2nd DUI offense,
while a child 17 or under is in the vehicle,
commits a 1st degree misdemeanor.
If convicted of a first offense DUI with a child in the car, the person faces the following penalties:
Mandatory $1,000 fine; and
100 hours of community service.
If convicted of a second offense DUI with a child in the car, the person faces the following penalties:
30 day jail sentence up to 6 months
Mandatory $2,500 fine.
If convicted of a third offense DUI with a child in the car, the person faces the following penalties:
Mandatory 6 month jail sentence;
maximum sentence of up to 2 years.
A third offense DUI with a child in the car is a felony, and is punishable by up to 7 years in jail and a $15,000 fine.
If charged with a DUI offense with child endangering, your job can be impacted. This is especially true if your job is working with children, including:
day care workers,
child services employees, and
Many jobs with special licenses can be impacted significantly with a child endangering offense connected to a Pennsylvania DUI. You may even lose your license.
Consult a Pennsylvania Dui Defense Attorney
Presenting legal defenses can be complex on your own, but with the help of the right attorney it can protect your freedom.
Criminal defense attorney David J. Cohen is devoted to representing the people of Pottstown, Pennsylvania, and surrounding areas. Contact the David J. Cohen Law Firm, LLC today for a consultation.
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