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Resolved Question

Under the influence

My husband and I were recently divorced but we share the custody of our son. He usually brings takes him on the weekends. On a Saturday night my son texted me and said that his father appeared to be drunk while he was driving my son home. I immediately contacted the police and my ex husband was pulled over. Now I am wondering what legal obligations my son and my ex husband are going to face. Will my son need to be present in court?

Best Answer - Chosen by Administrator

• 
  Kenneth D. Brown, Esq.

  A person who is convicted or pleads nolo contendere to an offense under O.C.G.A. §40-6-391(a) while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs. The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of this violation shall be punished in accordance with the provisions of subsection (d) of O.C.G.A. §16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child.

  Note: A conviction of §40-6-391(l) should be reported in addition to the conviction for §40-6-391. Both convictions will go on the record and the driver will automatically go under the equivalent of a 2nd DUI conviction in 5 years. If there are two children under the age of 14 in the vehicle and the driver is convicted of 1 count of 40-6-391 and 2 counts of 40-6-391(l), all three should be reported to DDS and the driver will automatically go under an Habitual Violator Revocation. If this occurs, or if there were previous habitual violator contributors on the driving record, the court shall seize the driver’s license and declare and serve them as an Habitual Violator.

  If you seek additional assistance or would like to speak with an attorney please call us at 404-766-8002 and ask for Ken Brown, or e-mail Kenbrown@laylawlegal.com 

  
  

  • 01/22/2012 03:43
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