When a person is apprehended for a DUI in Los Angeles with a child in the car, the situation becomes grave as the police issue a citation and the prosecutors press charges under Penal Code 273a for child endangerment, a deeply serious offense.
When it comes to defending a DUI case, the stakes are high. If a child is in the car, the prosecutors and judges are particularly tough. This underscores the need for a robust defense strategy, as the defense team faces a significant challenge.
One effective strategy to mitigate a child endangerment charge is to demonstrate to the prosecutor that the defendant was not driving recklessly. By proving responsible driving, the defendant can argue that they should not face the consequences of a child endangerment conviction on their criminal record.
This charge can have far-reaching consequences, potentially preventing a person from coaching their child in sports in the future and leading to several other issues that should be avoided if possible. It's crucial to demonstrate that the person's conduct is an aberration that has not occurred before and is unlikely to happen again.
We strongly encourage our clients to gather character letters from friends and family who can attest to the good person and parent they are. These letters, along with your family's indication of the significant impact a child endangerment charge would have, can significantly bolster your defense.
Over the past 25 years, I have observed that most of these arguments are common sense; however, the criminal defense attorney must know how to approach and how to convey information to them, taking into account the specifics of the case and the client's life circumstances.
Child Endangerment Related to a DUI is a Serious Matter
One of the big jobs the judge and prosecutors believe they have is protecting crime victims. If the victim is a child, they will go out of their way to help and protect them.
Therefore, if they see that you are drinking alcohol and risking your child's life, they will come down particularly hard on you and make sure that you get the help and punishment they feel you need to not engage in this type of behavior again.
In other words, when the court system feels you are not responsible enough to protect your child, you will see that you then lose control over how the problem will be fixed.
In the situation where a parent puts their child in harm's way, in addition to the criminal court punishing the parent and putting roadblocks in their way so they can never engage in this behavior again, they will also get child services involved and use everything at their disposal to protect your child.
To have the best chance of success and avoid some of the harsh penalties that come with a child endangerment / DUI charge, you must find an attorney familiar with these types of cases and who has had success in the courthouse where your case is pending.
The Goal in a Child Endangerment DUI Case
In child endangerment / DUI-related cases, my goal is to do everything I can to ensure that the client does not suffer a conviction for child endangerment because I know how costly this can be to a parent's future. Of course, if you are innocent of a DUI, you will usually have a strong argument that child endangerment does not apply unless you are driving recklessly.
Suppose the prosecutors can establish that you were driving under the influence of alcohol (DUI) and were unable to operate a vehicle safely. In such cases, the presence of a child in the car presents a significant challenge that necessitates a robust defense strategy.
The solution to the problem will depend on several factors, which should be handled by an attorney who is familiar with and has negotiated with the prosecutors in the court and the judge on the case. This attorney will know what can and can not be accomplished. Most importantly, they will be aware of the various avenues that can be used to achieve the desired outcome.
Whenever you are assessing how a child endangerment, in conjunction with a DUI case, should be handled, you should do so from a frame of reference that takes into account the fact that the judge and prosecutor are looking at what they can do to protect your children and society from your behavior.
Taking it a step further, they want to ensure that you never come back to haunt them. In other words, they do not want to be in the position of giving you a break, and then, months or even years later, you come back with a difficult situation where you have hurt someone on the road.
If you look at things from the above framework, you will understand why the judges and prosecutors seem to be so harsh on child endangerment cases. It is a situation where they do not want to be perceived by anyone as weak in a case where all of society would say you should punish a parent who puts their child in danger.
Hence, we have to work hard to convince the judge and prosecutor that you are a good parent who made a mistake that will not happen again.
This requires us to consult reliable sources of information that know you and vouch for you as a trustworthy person and parent. Then, the prosecutor and judge can be more confident that you will not let them and your children down. Additionally, they will have something to point to if anyone were ever to question why they gave you a break and did not take a strict approach.
