Child Endangerment

[airforceabbott]

My wife, her brother, our son, and I were in a single vehicle accident with no other witnesses in Montana. She was not drinking or impaired in any way. She is being charged with two felony counts of child endangerment. This happened June 18 2007 and now it is January 27 2008 and all they have are pictures of the vehicle and a police report saying there was an accident. They want her to plea guilty to two midemeanor child endangerment counts along with a $1,000 fine and if not she will be charged with two felony counts. What is needed for a conviction in child endangerment in a single vehicle accident where the driver was completely sober and it was just an accident? I don't know if we should get our own lawyer and fight it or what.

[Baystategirl]

How did the accident happen? How old is the child? Was he in the proper restraints? Was he injured?

[cdwjava]

Bay's questions are important. The state would not be seeking felony counts of child endangerment unless the act appears on its face to be reckless in some way. I suspect the children were either improperly restrained, or, the driver was driving like an idiot placing everyone at risk.

It might also be that the authorities charged high and the DA will lower the charges later on.

What happened?

- Carl