Client returned to town from working in the mountains around midnight and went to pick up food at a restaurant. Client had their child with them in the vehicle. Client arrived at the restaurant and parked directly next to the storefront. Client asked the child if they wanted to accompany them inside the restaurant and the child said no. Client went inside and was told the food was not ready yet, so Client returned to their car outside to check on the well-being of the child.

Client returned to the restaurant to pick up the food and pay, and when Client came back outside they were greeted by police officers. Officers informed Client that the child had gotten out of their carseat, opened the car door, and was urinating in the street, which alerted bystanders. Client was identified as the child’s parent and was asked to be questioned. Upon investigation, police found 5-6 beer cans in the vehicle, one of which was not empty.

Despite the ability to charge Client with a DUI, the police deemed that Client was not intoxicated during the time of the alleged incident. The officers did decide to charge Client with Child Abuse.

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