Kathleen McCann, 44, of Rehoboth, was arrested this past weekend on Massachusetts Drunk Driving Charges, including Operating Under the Influence of Alcohol, Child Endangerment While Driving Under the Influence of Alcohol, and Reckless Driving.
Rehoboth Police officers stopped McCann’s car after responding to a report from a caller that a woman was driving drunk with her 10 year old son. After catching up to McCann’s car, Rehoboth Police officers allegedly observed McCann driving erratically and pulled the car over.
According to the police, McCann denied drinking and stated that she was coming from a toy store with her son. Rehoboth police, however, allege that McCann showed ‘signs of intoxication’, though no details as to what those ‘signs’ may have been are known at this time.
Kathleen McCann was also charged with Resisting Arrest, as she was allegedly able to free herself from the handcuffs and then struggled with the officers when they tried to put them back on.
The Massachusetts DUI Crime of Child Endangerment While Operating Under the Influence of Alcohol or Drugs:
When “Melanie’s Law” was passed by the Massachusetts State Legislature in 2005, the new DUI / OUI Crime of Child Endangerment While Operating Under the Influence of Alcohol or Drugs was put on the books.
Under OUI Laws, Massachusetts criminalizes the operation of a motor vehicle while under the influence of alcohol or drugs with a child aged 14 years or younger is in the car. The penalty imposed upon conviction is a minimum 90 days to 2.5 years in jail for even a first-time offender, as well as a suspension of the person’s Massachusetts Driver’s License for 1 year.
Additionally, a person could then face two criminal DUI Charges for the same incident if there’s a child in the car: he could be charged with Operating Under the Influence of Alcohol or Drugs and Child Endangerment While Driving Under the Influence of Alcohol or Drugs.
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