A DUI arrest is bad enough, but when an impaired driver is transporting an infant or a child, the penalties are much more severe. A Tulsa man arrested Monday afternoon faces a litany of charges after being pulled over for driving with a broken tail light.
The Oklahoma Highway Patrol trooper who stopped LeeRoy Edwards, 29, says that he noticed the odor of marijuana as he spoke with Edwards, who allegedly admitted to smoking marijuana two hours prior to the stop. Edwards, who failed a field sobriety test, was transporting a baby in the back seat of the vehicle. The infant was not secured in a car seat or child restraint.
Edwards was booked into the Tulsa County jail on multiple criminal complaints and held on $27,050 bond.
In general a first offense of DUI is a misdemeanor punishable by 10 days to one year in jail, license suspension, drug and alcohol assessment, probation, and associated fines and fees. However, for Edwards, what could have been a simple misdemeanor has been multiplied exponentially by additional charges:
- Child endangerment
- Driving with a suspended license
- No vehicle insurance
The most serious of these offenses, of course, is child endangerment. It is a felony offense defined in 21 O.S. § 852.1.
A person who is the parent, guardian, or person having custody or control over a child as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes, commits child endangerment when the person:
- Knowingly permits physical or sexual abuse of a child;
- Knowingly permits a child to be present at a location where a controlled dangerous substance is being manufactured or attempted to be manufactured as defined in Section 2-101 of Title 63 of the Oklahoma Statutes;
- Knowingly permits a child to be present in a vehicle when the person knows or should have known that the operator of the vehicle is impaired by or is under the influence of alcohol or another intoxicating substance; or
- Is the driver, operator, or person in physical control of a vehicle in violation of Section 11-902 of Title 47 of the Oklahoma Statutes while transporting or having in the vehicle such child or children.
Child endangerment is punishable by four years in prison and a fine of up to $5,000.
It is never a good idea to drive after drinking, taking certain prescription medication, or using illicit drugs. Doing so endangers not only the life of the impaired driver, but also any passengers and any other driver, passenger, or pedestrian who may come in contact with the driver. Oklahoma prosecutors do not take DUI lightly, and if any other crimes are committed during the act of DUI, or if a DUI accident results in injury or death, the personal and legal consequences can be life-altering.
If you have made the choice drive while intoxicated or impaired, you have already taken a significant risk that compromised your safety and led to your arrest. Do not take further risks with your criminal case. Click here to contact us for a free consultation of your DUI case.