Daily Archives: November 22, 2018
A drunk driver told police that she had a reason to be thankful this Thanksgiving right after she was arrested for a DUI.
A drunk Crystal Elaine McMillan, of Indiana, apparently flew into a fit of rage after she discovered that her friend would not be cooking a turkey for Thanksgiving this year. That friend was the passenger in McMillan’s truck. Between them sat McMillan’s 6-year-old son.
As McMillan approached an intersection, swerving from lane to lane, her passenger told her to “slow down.” McMillan, still mad at her friend, said, “I’ll show you” and proceeded to speed up. By the time she reached the intersection the light had turned red. McMillan collided with a vehicle turning left in the intersection.
McMillan fled, but was apprehended after a man called police saying a drunk woman was on his property. McMillan reportedly told police that she was too drunk to attempt field sobriety test. She admitted to drinking before the crash. She also, however, admitted to drinking after the collision because she “knew she was going to jail.”
Following her arrest, McMillan thanked the arresting officer for “saving her kid from her.”
McMillan was charged with three counts of felony reckless endangerment and DUI, amongst a host of other charges.
While I can’t tell you what McMillan is looking at in Indiana, what I can say is that a DUI with a child in the car in California is no walk in the park.
Not only is a person looking at the punishment under California’s DUI law, which can carry up to 6 months in jail and a fine of up to $1,000 for a first time DUI, they are also looking at additional penalties under California Vehicle Code section 23572, also known as California’s DUI child endangerment enhancements.
Under California Vehicle Code section 23572, a first time DUI conviction where a minor under the age of 14 is in the car will bring an additional 48 hours in a county jail. A second time DUI conviction will bring an additional 10 days in jail. A third time will bring an additional 30 days in jail. A fourth will bring an additional 90 days. Furthermore, these penalties are to be served consecutively, not concurrently with the underlying DUI penalties.
The prosecutor need only prove that you were driving under the influence and that there was a minor child under the age of 14 in the car while you drove.
This Thanksgiving be thankful for what you have. You never when those things your thankful for might be taken from you by a drunk driver.