A bus driver for the Perkins School for the blind in Watertown was arrested on Massachusetts Drunk Driving Charges this past week after he allegedly drove under the influence while transporting a 15 year old student to his home in Clinton.
According to the Clinton Police, the student’s parents called police after their son didn’t return home when expected. Clinton police allegedly tried calling the defendant several times but they were reportedly unable to reach him. Tracking his location from his cell phone, police reportedly waited at the student’s home and arrested him when he arrived.
The defendant was arraigned in Clinton District Court on Thursday morning and held on $50,000 bail.
The crime of Child Endangerment While Operating Under the Influence of Alcohol makes it a criminal offense to operate a vehicle while under the influence with a child 14 years of age or younger. A person convicted of a first offense faces 90 days to 2.5 years in the House of Corrections, as well as a loss of license for 1 year. A second conviction could result in a state prison sentence of 3-5 years.
Although the police have charged this defendant with Kidnapping, but I would be very surprised if this charged is ultimately held up in court.
In order to prove the crime of Kidnapping, the prosecutor must prove that, the defendant, without lawful authority, forcibly confined another against his will. According to reports, the defendant did take the child home, though it is unclear how much of a delay it was and what, specifically, the circumstances were. I would imagine that the police would need to allege something more to uphold the charge of Kidnapping than simply stating that he delayed in transporting the child home.
Kidnapping in Massachusetts is punishable with imprisonment for not less than 20 years up to life if the person kidnapped is under 18.
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