California Court Programs ("CCR") is once again a leader among California court approved counseling programs in confronting an issue that demands immediate attention, counseling and education.
Driving while under the influence of drugs and alcohol has material, direct and serious effects on many. It is obvious that the driver of the vehicle charged with that offense is in serious legal trouble. But have we considered the impact on the passengers, especially if they are minors?
According to publication by Mothers Against Drunk Driving, in 2010 alone, 17 percent of the children age 14 and younger who were killed in motor vehicle crashes were killed in alcohol-impaired crashes. Of the 211 children 0 to 14 years old who were killed in alcohol-impaired driving crashes during 2010, 131 (62 percent) of those killed were PASSENGERS in vehicles with drivers having a BAC level of .08 or higher. A child in a vehicle with a drinking driver is not only at risk from the impaired driver, but also from the lack of safety restraint use (like a seat belt or child safety seat), as drinking drivers are much less likely to make sure a child is properly restrained. Specifically, in fatal crashes, sober drivers had restrained their children 30.5 percent of the time, compared with only 18 percent for drinking drivers.
Management of CCR's affiliate, Family Harmony/Harmonia Familia, released another startling fact sheet to all Judicial Officers, Court Administrators, Clerks, City and District Attorney's Office, Public Defenders and Los Angeles County Probation Officers detailing horrifying statistics compiled by National Center for Injury Prevention and Control, at the Center of Disease Control regarding the rate of the injuries and death that involve minor passengers in vehicles driven by impaired drivers.
CCR is uniquely qualified to address this counseling need. We have decades of experience in providing successful counseling in DUI/DWI matters in California. With our numerous locations and bi-lingual staff of dedicated counselors, CCRI also has years of success in working with families of diverse ethnicity and socio-economic background. We stand ready to work with our courts and law enforcement in addressing the horrific challenges child endangerment in DUI/DWI cases pose to our children and our society and provide the carefully tailored and directed educational and counseling programs designed to address this issue on behalf of California Judicial System. These unique classes are CLEARLY INTENDED TO ADDRESS THIS ISSUE HEADS ON AS IT IS BECOMING A LEADING FACTOR OF CONCERN FOR THE LAW ENFORCEMENT AND THE JUDICIAL SYSTEM.
In California driving a vehicle while under the influence of drugs or alcohol with a child under the age of 14 years carries an enhanced sentence for the DUI charge, according to the California Vehicle Code Section 23572 VC. If a parent or adult responsible for the care of a child operates a motor vehicle under the influence of alcohol above the legal blood-alcohol content levels set by the state, with a minor present, child endangerment penalties will be enforced. The parent or guardian will receive penalties for not only driving under the influence but child endangerment penalties as well, which can often increase the overall judgment Depending on the number of DUI convictions, the sentences are can be enhanced by additional jail time, ranging from two days to three months.
Vehicle Code 23572 VC is straightforward. If you are convicted of misdemeanor DUI and you had a minor under 14 in the car at the time you were arrested, this DUI sentencing enhancement applies. Factors such as whether you intended to harm the child, the level of intoxication, or driving pattern don't really matter. The Vehicle Code is only concerned with two questions whether you were driving under the influence, and whether there was a child under 14 in the car at the time you drove.
BUT THAT'S NOT ALL. In addition, the offender may also be charged separately with CHILD ENDANGEREMENT under Section 273a of the California Penal Code, depending on the facts of the case, which puts the driver in the entirely different category of offenses. Under the Penal Code, any person who is found to willfully cause or allow a child to suffer physical or mental pain is guilty of child endangerment. Depending on the facts of any DUI cases, having children in the vehicle may subject minor passengers to just such severe pain and mental anguish, especially when there is serious accident. A caregiver, parent or legal guardian of a child who permits the child to be put in a situation where the child's health and welfare is endangered will face charges of child endangerment, which can be as misdemeanor but also as a felony, depending on the circumstances, with both offenses carrying very serious penalties. California courts have found driving under the influence with a child passenger to fall into this category. This means prosecutors may charge child endangerment regardless of: the age of the minor passenger (that is, anyone under 18 counts, not just 14 as is the case under Vehicle Code), and whether the DUI is filed as a misdemeanor or a felony.
The misdemeanor offender will face a maximum of one year in the county jail, fines up to $1,000 and at least four years of probation. In addition, the offender will also be required to complete one year of child abuse counseling. If drugs were involved in the incident, the conditions of probation will also include abstinence from illegal drugs and appropriate testing. The consequences of a felony conviction are much more serious. When the act of child endangerment includes the potential for great bodily injury to a child, the offense is charged as felony child endangerment. Driving a car while severely impaired by alcohol or drugs, with potential or actual vehicle accidents represents just such a potential. Consider also that actual injury to the child does not need to occur to be considered endangerment. A person convicted of felony child endangerment is subject to two, four or six years in the state penitentiary and a fine up to $10,000 as well as a minimum four years of probation and child abuse counseling. And the felony conviction is counted towards California's Three Strikes law, and any subsequent felony convictions carry an additional five years imprisonment.
From examination of these California laws, it is clear that child endangerment and abuse counseling is one of the most important components of the required sentencing and enforcement. Most importantly, without radical change in behavior and awareness, the very lives of our children are at stake.