Crown Point, IN asked in Traffic Tickets, Criminal Law, DUI / DWI and Child Custody for Indiana

Q: I was driving with my 4 year old the other day & she’d dropped a toy I tried to grab it while watching oncoming traffic

I had to try to grab it and I crossed the center of the road 3 times (again no on known traffic I was making sure 100%). When I got to the stop sign at the end kid tbe road, he turned his flasher light on (the officer) and arrested me for OWI on my prescription medications. He was mind enough to wait with me for someone to comes & get the car in my daughter. My question is this-is CPS always called in cases like this? I wasn’t even intoxicated I was reaching for a toy for my 4 year old.

1 Lawyer Answer
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
Answered
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: If you are charged with a crime and a child is involved then yes CPS/DCS will be called. As you say you were picking up a toy, however, the officer did not see that and has to go based on what he observed. If he believes he has enough evidence to prove intoxication you have a serious issue on your hands and need to consult with an attorney. It is very likely that you will have at least one felony charge.

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