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  • 09-29-2014, 04:44 AM
    jdonaldson
    Leaving a Child Alone in a Car for a Few Minutes
    My question involves criminal law for the state of:

    I am in Upstate New York. I was in an a hurry on my way home with my son in his car seat properly secured. It was approximately 65 degrees out and sunny. I cracked the windows in my car, got out, then used my remote start to start the car again so the A/C would stay on even though I knew I would be running right in and out of the store. Someone spotted this and called the police. As I left the store, a gentleman walked up to me and suggested a woman had witnessed me leaving my son in the car (which was in plain sight 90% of the time as I went into the store because I was only picking up something in the front area of the store and the entire storefront was windows - there were very few cars in the lot and parked only a few spots away from the store). I quickly commented to the gentleman that I was in the store for literally 3 or 4 minutes and my child is fine. I drove off (I am not sure if an officer went to the liquor store or not) and when I got home about 10 minutes later, a police officer was waiting with my wife outside of my house. He asked me if this had happened and I told him the truth.
    The officer said he could not give me any info on what might happen, but that he was going to report it to his supervisor per protocol and he decides the next steps.\
    This officer did not write anything down or have me sign anything.
    It should be noted that the store I ran into was a liquor store, however it wasn't in a "bad" part of town and I was not drinking and driving. The officer new that I had gone to said liquor store because that was what he was told by the woman who reported the incident. The officer did not ask me if I was drinking nor did he give a sobriety test or anything. The whole thing seems a little weird and the only thing I can find online is the NYS law that says as long as the child was not in negligent situation (hot car, etc) that it punishable up to a $50 fine for a first offense.
    Believe me, I am not taking this lightly and I do feel what I did was terribly wrong and I will NEVER do it again. I am not sleeping at night and walking around like a zombie because I am nervous as to what could happen as a result of my terribly stupid and reckless decision. I take full responsibility for this and know it was very wrong.

    Does anyone know or have some idea what the worst is that can happen to me or my son? Could our son be taken from us? Could I be arrested? This happened on 9/27/14 and I wasn't issued a citation or any paperwork nor was I arrested.

    Thank you in advance.
  • 09-29-2014, 05:04 AM
    flyingron
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Your opinion of what is negligent and what the state may assert may be too different things. In addition to worrying about your own criminal liability, you may wish to have a family law attorney on speed dial in case CFS gets involved. Cops are probably mandatory reporters.
  • 09-29-2014, 05:07 AM
    aardvarc
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting jdonaldson
    View Post
    Does anyone know or have some idea what the worst is that can happen to me or my son?

    The worst that could happen is what you fear: you could be arrested and/or your child could be taken from you. WILL that happen? We have no way to know. Even your local criminal defense attorneys won't have a crystal ball, but THEY will be the best source of information for how similar incidents have been handled by your local prosecutors in the past. You should contact a few, and keep at least one of their numbers handy, in case the state does decide to pursue a criminal case against you. There just isn't a way to either sugar coat it, nor to predict what to expect. It'll be somewhere between nothing happens, or a warrant for your arrest being issued. New York is one of those states who DOES have a reputation for making arrests and seeking convictions for this specific type of thing. (Google: "New York endangering the welfare of a child", I found news stories on multiple arrests and trials for this exact thing in NY that occurred within the last year.) It's important to note that the charge of endangering the welfare of the child does NOT require that anything actually HAPPENED to the child, so the child surviving unscathed should in no way lead one to believe that they're in the clear. You'll just have to wait and see.


    Quote:

    Could our son be taken from us?
    Possible.

    Quote:

    Could I be arrested?
    Possible.



    Quote:

    This happened on 9/27/14 and I wasn't issued a citation or any paperwork nor was I arrested.
    The officer will make a report and it'll be up to the prosecutor's office whether they want to pursue a charge or not. How long that process might take in your area, we can't predict. Again, a local criminal defense attorney will be your best source of information.
  • 09-29-2014, 05:21 AM
    jk
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    I am nervous as to what could happen as a result of my terribly stupid and reckless decision. I take full responsibility for this and know it was very wrong.
    What could happen going forward is not what should have you all upset. What could have happened is what should scare the Hell out of you. Not being in a "bad" part of town just means....well, it means nothing. There are "bad guys" in the good part of town too. Your child could just as easily been either kidnapped or simply a passenger in a stolen car given your actions.
  • 09-29-2014, 06:06 AM
    jdonaldson
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting jk
    View Post
    What could happen going forward is not what should have you all upset. What could have happened is what should scare the Hell out of you. Not being in a "bad" part of town just means....well, it means nothing. There are "bad guys" in the good part of town too. Your child could just as easily been either kidnapped or simply a passenger in a stolen car given your actions.

    Trust me, I am beating myself up over this and my wife and I have taken a long look at our lives and what we should be doing differently. Yes, it was very very selfish of me not to think about the well being of my child and I have cried countless hours about what he means to me and what could have happened to him.
    This is a major learning experience for me and a stupid and reckless mistake.
    I certainly have my son in mind when I worry about what could happen going forward because I know he needs me and I need him. I made a mistake that may cause me to have to be away from my child that I love so dearly over a mistake. I was wrong, but I also think a child left in a locked car with the windows cracked (not far enough for anyone to get in or out - even though I know someone could break the glass) on a 65 degree day with the car remote started (no keys in the car and it will not go in gear), is safer if he is out of my view for 3 or 4 minutes than if he was let play in our backyard and we turned our backs for 3 or 4 minutes.
    Look, I understand and again have beaten myself up over it (and continue to), I just am concerned about being away from my family over a stupid mistake.
  • 09-29-2014, 06:19 AM
    budwad
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Endangering the welfare of a child is certainly a serious offence and even endangering a pet locked in a car is a serious offence. But the country has gone a little bit crazy with these 'do-gooders' reporting even the slightest infraction without knowing anything about the circumstances.

    If OP's story is true, and was only away from the car a few minutes, instead of watching it happen and calling the police, how about walking over to the car and standing there for 5 minutes instead of an 'I gotcha' moment. The child was secured in a car seat in a locked car on a day that was not hot and the AC was on. If the reporting person wanted to admonish the driver then do so but to simply call the police and drive away simple bugs me. Apparently the OP was gone by the time the police arrived and had to drive to the house.

    I could make a political commentary here about the reporting person's leanings, you know the one's who know better than I what is good for me but I won't.

    Now OP has to deal with this with the reporting person going about their daily business thinking "I did really good today, I got someone in trouble and changed their life, Bully for me."
  • 09-29-2014, 06:29 AM
    jk
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting budwad
    View Post
    Endangering the welfare of a child is certainly a serious offence and even endangering a pet locked in a car is a serious offence. But the country has gone a little bit crazy with these 'do-gooders' reporting even the slightest infraction without knowing anything about the circumstances.

    If OP's story is true, and was only away from the car a few minutes, instead of watching it happen and calling the police, how about walking over to the car and standing there for 5 minutes instead of an 'I gotcha' moment. The child was secured in a car seat in a locked car on a day that was not hot and the AC was on. If the reporting person wanted to admonish the driver then do so but to simply call the police and drive away simple bugs me. Apparently the OP was gone by the time the police arrived and had to drive to the house.

    I could make a political commentary here about the reporting person's leanings, you know the one's who know better than I what is good for me but I won't.


    so, how was the observer to know how long the OP would be in the store? Were they supposed to wait? If so, how long before it was long enough that it should be reported to the police?



    Quote:

    Now OP has to deal with this with the reporting person going about their daily business thinking "I did really good today, I got someone in trouble and changed their life, Bully for me."
    how about: I may have saved a child's life today; bully for me.
  • 09-29-2014, 06:45 AM
    budwad
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    I did say, "if OP's story is true" and was only gone for a few minutes. My point is that a person observed OP leave her child in the car and walk away. How about, "hey mam, wait a minute. You can't do that." Or maybe, " I'll watch the car for a few minutes while you run into the store."

    Quote:

    so, how was the observer to know how long the OP would be in the store? Were they supposed to wait? If so, how long before it was long enough that it should be reported to the police?
    If the story is true and transpired in 4 or 5 minutes, yes they should have walked over to the car and waited. The child was in no apparent danger. So I don't think that the reporting person saved the child. The same could have been accomplished by telling the driver that it is against the law to leave the child unattended in a locked car and the mother may have gotten the same lesson.

    Quote:

    Someone spotted this and called the police. As I left the store, a gentleman walked up to me and suggested a woman had witnessed me leaving my son in the car
    The woman didn't care enough to watch the car and the welfare of the child did she? Just drove off.

    Hey, it just my opinion on the current state of affairs. If the officer had gotten there before mother drove away, I think she would have gotten a warning, an education, and that would have been it.
  • 09-29-2014, 06:53 AM
    Mr. Knowitall
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting jdonaldson
    View Post
    It should be noted that the store I ran into was a liquor store, however it wasn't in a "bad" part of town and I was not drinking and driving.

    Yet that could easily be what drew people's attention, even if you thought it was a nice neighborhood. Leaving the kid in the car while you stock up on alcohol doesn't look good, even if you have the best of intentions.
    Quote:

    Quoting jdonaldson
    The whole thing seems a little weird and the only thing I can find online is the NYS law that says as long as the child was not in negligent situation (hot car, etc) that it punishable up to a $50 fine for a first offense.

    Where are you finding that? I see a proposed statute for the state, that could make leaving a child alone in a car a violation; but I don't see that the law has been enacted -- and even that would only apply "under conditions that present a substantial health or safety risk". Frankly, if that statute passes as worded, it seems superfluous, as leaving a child "under conditions that present a substantial health or safety risk" would seem to be something punishable under existing statutes with more severe potential penalties.

    Such a statute is unnecessary for the police to investigate a report of possible child neglect or endangerment.
    [quote=New York Penal Law, Sec. 260.10]A person is guilty of endangering the welfare of a child when:

    1. He knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his life or health; or

    2. Being a parent, guardian or other person legally charged with the care or custody of a child less than eighteen years old, he fails or refuses to exercise reasonable diligence in the control of such child to prevent him from becoming an "abused child," a "neglected child," a "juvenile delinquent" or a "person in need of supervision," as those terms are defined in articles ten, three and seven of the family court act.

    Endangering the welfare of a child is a class A misdemeanor.]
    Note the key language there, "likely to be injurious" -- if it were 110 degrees, that would be quite easily established; I'm far more skeptical than aardvarc that a prosecutor will decide that a case can be made under the facts as stated.
    Quote:

    Quoting jdonaldson
    Does anyone know or have some idea what the worst is that can happen to me or my son?

    There's not much point in fretting over the "worst case scenario". If you were viewed as having endangered your child to the point that strong state intervention was required, odds are you would have been visited by a protective services worker over the weekend. Could something still happen? Sure. But I doubt that there's a case to be made for child neglect, and unless the officer saw something disturbing at your home I doubt that any protective services investigation (to the extent that one even occurs) would be more than perfunctory.
    Quote:

    Quoting jdonaldson
    View Post
    I was wrong, but I also think a child left in a locked car with the windows cracked (not far enough for anyone to get in or out - even though I know someone could break the glass) on a 65 degree day with the car remote started (no keys in the car and it will not go in gear), is safer if he is out of my view for 3 or 4 minutes than if he was let play in our backyard and we turned our backs for 3 or 4 minutes.

    Your car can't be shifted into neutral when the keys aren't in the ignition?

    While opinions can vary, most people will disagree with your comparison of the relative safety of your back yard to a liquor store parking lot.
    Quote:

    Quoting budwad
    View Post
    If OP's story is true, and was only away from the car a few minutes, instead of watching it happen and calling the police, how about walking over to the car and standing there for 5 minutes instead of an 'I gotcha' moment.

    For all you know, the person did keep an eye on the situation.
  • 09-29-2014, 07:00 AM
    jdonaldson
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting jk
    View Post
    so, how was the observer to know how long the OP would be in the store? Were they supposed to wait? If so, how long before it was long enough that it should be reported to the police?





    how about: I may have saved a child's life today; bully for me.

    The woman obviously called RIGHT AWAY. I was away from the car for literally 5 minutes.

    Saved a child's life? My son is fine! It doesn't change the fact what COULD have happened, but I have to kind of agree that this was taken to degree it didn't need to by the woman who witnessed it. So she called and drove away? How is that saving a child's life? she could have at least waited for the police to arrive (and maybe she did). It should also be mentioned that the woman told the police that she had an altercation with me which is completely untrue. The officer was speaking to my wife when I arrived home about 10-15 minutes after the incident and he told my wife about this alleged altercation but did not ask me about it at all when he questioned me.

    I actually just spoke with an attorney who admitted he had done the same exact thing before when his kids were younger, he just didn't get reported or live in the society we do now.
    The attorney and I agreed that this is something that probably happens every day without any harm to children. It's the ones that leave their child unattended for 15-20 minutes or more and the cops are sitting there waiting for them when they get back to the car. Or worse, when a child IS harmed.

    Believe me, I have accepted what I did was wrong and selfish however I don't believe I should be punished more than I am already punishing myself over it.
  • 09-29-2014, 07:07 AM
    budwad
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting Mr. Knowitall
    View Post
    For all you know, the person did keep an eye on the situation.

    That may well be true. But where were they when the OP came out to tell her that she had called the police?

    I see that I have a gender mix-up. Sorry about that.
  • 09-29-2014, 07:16 AM
    jdonaldson
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    [QUOTE=Mr. Knowitall;837701]Yet that could easily be what drew people's attention, even if you thought it was a nice neighborhood. Leaving the kid in the car while you stock up on alcohol doesn't look good, even if you have the best of intentions.

    Where are you finding that? I see a proposed statute for the state, that could make leaving a child alone in a car a violation; but I don't see that the law has been enacted -- and even that would only apply "under conditions that present a substantial health or safety risk". Frankly, if that statute passes as worded, it seems superfluous, as leaving a child "under conditions that present a substantial health or safety risk" would seem to be something punishable under existing statutes with more severe potential penalties.

    Such a statute is unnecessary for the police to investigate a report of possible child neglect or endangerment.
    Quote:

    Quoting New York Penal Law, Sec. 260.10
    A person is guilty of endangering the welfare of a child when:

    1. He knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his life or health; or

    2. Being a parent, guardian or other person legally charged with the care or custody of a child less than eighteen years old, he fails or refuses to exercise reasonable diligence in the control of such child to prevent him from becoming an "abused child," a "neglected child," a "juvenile delinquent" or a "person in need of supervision," as those terms are defined in articles ten, three and seven of the family court act.

    Endangering the welfare of a child is a class A misdemeanor.]
    Note the key language there, "likely to be injurious" -- if it were 110 degrees, that would be quite easily established; I'm far more skeptical than aardvarc that a prosecutor will decide that a case can be made under the facts as stated.

    There's not much point in fretting over the "worst case scenario". If you were viewed as having endangered your child to the point that strong state intervention was required, odds are you would have been visited by a protective services worker over the weekend. Could something still happen? Sure. But I doubt that there's a case to be made for child neglect, and unless the officer saw something disturbing at your home I doubt that any protective services investigation (to the extent that one even occurs) would be more than perfunctory.

    Your car can't be shifted into neutral when the keys aren't in the ignition?

    While opinions can vary, most people will disagree with your comparison of the relative safety of your back yard to a liquor store parking lot.

    For all you know, the person did keep an eye on the situation.

    Thank you for your research and thoughts. Truly appreciated.

    My car will not do ANYTHING but run with whatever you have the thermostat set at until keys are actually put into the ignition. The radio won't come on, it won't allow you to do anything - the engine won't even do anything if you press the gas.

    Yes, the woman may have stayed through the duration of the incident and maybe even spoken with police when/if they went to the parking lot. I had a tank top and shorts on, so I obviously was not going into the liquor store to work. Maybe the woman would have felt different if I was going into a gas store to pay for gas while I left him in the car. I mean, after all it was very very selfish of me to do what I did, regardless of the circumstances or the type of store and I am sure that this woman took the fact that I WAS being so selfish as to risk leaving my son in the car to go into a liquor store. BUT, she assumed ALOT here and I do think could have waited before making a call - and frankly she just may have because there is probably a good chance a cop was in the vicinity and with all of the happenings as of late with kids in cars, you would think they would be there within 5 minutes. I am sure the woman was advised to stay and maybe even walk to the car to ensure the child wasn't in danger or showing signs of being distraught - which he wasn't. My son is very well behaved and taken care of (outside if this stupid mistake) VERY well. He has just about the best of everything including parents that love him more than words can say. I think that is why I continue to ask myself WHY over and over. Would I be asking myself that over and over had I not been reported? I would have to say no, unless I thought about it - at which point I WOULD CERTAINLY ask myself, "WTF were you thinking???"
    I am concerned that the officer told my wife (he was already at my home speaking with her when I arrived) and he told her that the woman told the police that I had an "Altercation" with her. That is completely false as I never saw or spoke to the woman.

    - - - Updated - - -

    Quote:

    Quoting budwad
    View Post
    That may well be true. But where were they when the OP came out to tell her that she had called the police?

    I see that I have a gender mix-up. Sorry about that.

    I never saw or spoke with the woman who supposedly reported this. I was approached by a man who said a woman said something to him about the fact that I had left my son in the car unattended. I had no idea she would get the police involved.
  • 09-29-2014, 07:37 AM
    jk
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting jdonaldson
    View Post
    The woman obviously called RIGHT AWAY. I was away from the car for literally 5 minutes.

    Saved a child's life? My son is fine! It doesn't change the fact what COULD have happened, but I have to kind of agree that this was taken to degree it didn't need to by the woman who witnessed it. So she called and drove away? How is that saving a child's life? she could have at least waited for the police to arrive (and maybe she did). It should also be mentioned that the woman told the police that she had an altercation with me which is completely untrue. The officer was speaking to my wife when I arrived home about 10-15 minutes after the incident and he told my wife about this alleged altercation but did not ask me about it at all when he questioned me.

    I actually just spoke with an attorney who admitted he had done the same exact thing before when his kids were younger, he just didn't get reported or live in the society we do now.
    The attorney and I agreed that this is something that probably happens every day without any harm to children. It's the ones that leave their child unattended for 15-20 minutes or more and the cops are sitting there waiting for them when they get back to the car. Or worse, when a child IS harmed.

    Believe me, I have accepted what I did was wrong and selfish however I don't believe I should be punished more than I am already punishing myself over it.

    Ok so first it was 3-4 minutes. Now it's 5 minutes. Is it going to increase each time you post?

    and you could see the child 90% of the time. That means 10% of the time you couldnt. That means at least 30 seconds you couldn't see the child. Any guess how long it would take to snatch a kid?

    while in your situation the child escaped unscathed but unless you are a very good psychic you didn't know something wouldnt happen when you left the child there alone. You are claiming that since nothing happened he was safe. It doesn't work like that.

    And now now there is something about an altercation? Maybe she did say something to you and you told her to mind her own business. Of course that is simply speculation but the more you talk the worse things get. Maybe you should stop talking before you are convicted for kidnapping the Lindbergh baby.
  • 09-29-2014, 08:11 AM
    Dogmatique
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    For Pete's sake, this is about the only advice we should be giving:

    "Hush thine mouth until/unless you're charged and/or child services get involved - in which case run, not walk, to your choice of attorney".
  • 09-29-2014, 08:27 AM
    jk
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting Dogmatique
    View Post
    For Pete's sake, this is about the only advice we should be giving:

    "Hush thine mouth until/unless you're charged and/or child services get involved - in which case run, not walk, to your choice of attorney".

    I'm sorry but I enjoy poking idiots that wish to defend stupid behavior. Of course he is going to claim his guilt is penance enough because he doesn't want to face the possible penalties the state could impose. Sorry but if that was adequate our jails would be nearly empty and the coffers placed to accept the cost to cleanse one void of coin.
  • 09-29-2014, 08:43 AM
    adjusterjack
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting jdonaldson
    View Post
    I also think a child left in a locked car with the windows cracked (not far enough for anyone to get in or out - even though I know someone could break the glass) on a 65 degree day with the car remote started (no keys in the car and it will not go in gear), is safer if he is out of my view for 3 or 4 minutes than if he was let play in our backyard and we turned our backs for 3 or 4 minutes.

    You're whining about how big a mistake you made and how terrible you feel about it and you come out with an absolutely insane statement like that.

    You need to be hung out to dry by your local authorities.

    Children DIE in minutes when left unattended in a car. That's why people call the police when they see a child left unattended in a car and that's why there is zero tolerance of that kind of stupidity.
  • 09-29-2014, 08:49 AM
    jdonaldson
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting adjusterjack
    View Post
    You're whining about how big a mistake you made and how terrible you feel about it and you come out with an absolutely insane statement like that.

    You need to be hung out to dry by your local authorities.

    Children DIE in minutes when left unattended in a car. That's why people call the police when they see a child left unattended in a car and that's why there is zero tolerance of that kind of stupidity.

    Yes, they can die in minutes in 100 degree weather or freezing weather. What exactly are you saying?

    Yes, I admit I was wrong (i've said it multiple times) but I should be hung out to dry over a stupid mistake in which everyone is ok? I have no record of anything, I hold a great job and provide very well for my family. This was a stupid mistake. Of course I hope I do not get charged with anything, but maybe I will. I am sure that will make some of you very happy. I get it.
  • 09-29-2014, 08:58 AM
    Disagreeable
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Based on his story being factual in its presentation, I don't see anything wrong. I was left in the car many times as a child. When my kids were young, I used to leave them in the car when doing storefront shopping for a few minutes in cool weather. They were in my site and babysat by the car alarm. In fact my stepdaughter yanked my chain one day by intentionally setting the alarm off to see how fast my response time was. Society has degraded into a series of laws designed to protect morons from self extinction and more laws to regulate their behavior. Common sense and intelligence has gone out the window.
  • 09-29-2014, 09:01 AM
    Dogmatique
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    While we're evidently roasting this guy alive, does anyone have anything supporting the notion that 65 degrees for 5 minutes has led to heat-related deaths in children?
  • 09-29-2014, 09:08 AM
    Disagreeable
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Point of order. I was supporting him, not roasting him. As long as his car had an alarm audible from inside the liquor store, he did nothing wrong IMO.
  • 09-29-2014, 09:32 AM
    Mr. Knowitall
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting Dogmatique
    View Post
    While we're evidently roasting this guy alive, does anyone have anything supporting the notion that 65 degrees for 5 minutes has led to heat-related deaths in children?

    I would like to know what type of car he has, that cannot be shifted into neutral while parked. I will give him the benefit of the doubt that he does not have a cigarette lighter in the car (the issue was not raised in this discussion, but I've seen horrific injuries to kids left alone when they played with cigarette lighters... one involving a toddler who tried to use it as lipstick.) I continue to question his belief that a child left alone in a car is safer than a child playing in his own back yard (assuming it's a typical back yard; but if it's not then there are bigger issues for the police and protective services to deal with).... But no, no roasting from this direction.
  • 09-29-2014, 09:50 AM
    Dogmatique
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Did I seriously just say "roasted"?!

    Well, this is awkward.
  • 09-29-2014, 10:01 AM
    jdonaldson
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting Disagreeable
    View Post
    Point of order. I was supporting him, not roasting him. As long as his car had an alarm audible from inside the liquor store, he did nothing wrong IMO.

    Yes, when the car is started remotely, and a door is opened without being unlocked (meaning someone would have to break the glass or use something pretty small to reach through the crack in the window), the alarm does go off on the car.

    Did I think that all through when I made the dumb decision of leaving my son in the car, no. If I had, would I still have done it - probably not because I would have thought more of the consequences rather than being selfish and stupid.

    I just really hope that the deputy involved or police dept doesn't charge me with anything. They obviously can, but I can tell you, I certainly learned my lesson. From thinking about what could have happened to my son (as unlikely as I believe it was based on the situation) to thinking about what I could be charged with, I haven't slept and am extremely nervous about this - as is my wife.

    All I can do is hope for the best and be happy my son is safe and will never be in that situation again.
  • 09-29-2014, 10:07 AM
    cbg
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    My sister's beagle knows how to unlock the door and lower the windows, which only requires that the motor be running (and from what the OP says, it was). If a dog can do it, a child can do it. And from there, it's only a matter of 30 seconds before that child (though not the dog) is halfway across the parking lot.
  • 09-29-2014, 10:07 AM
    jdonaldson
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting Mr. Knowitall
    View Post
    I would like to know what type of car he has, that cannot be shifted into neutral while parked. I will give him the benefit of the doubt that he does not have a cigarette lighter in the car (the issue was not raised in this discussion, but I've seen horrific injuries to kids left alone when they played with cigarette lighters... one involving a toddler who tried to use it as lipstick.) I continue to question his belief that a child left alone in a car is safer than a child playing in his own back yard (assuming it's a typical back yard; but if it's not then there are bigger issues for the police and protective services to deal with).... But no, no roasting from this direction.

    The car was remotely started so nothing - including the cigarette lighter (which has a cell phone charger plugged into it anyways) works except for the fan and thermostat. My son was buckled in his seat (although I understand he could have tried to get out, but it should be noted that he has never done that - but then again I have never left him unattended in the car seat either). I wasn't saying my back yard is unsafe, but he if I turn my head for 5 minutes, he would probably be safer locked in a car on a 65 degree day with the air running than just running around in the yard as it would be much easier for him to hurt himself or be abducted somehow. I am not trying to reduce the severity of my stupid mistake, rather prepare for the worst that could happen and be able to convince the courts that what happened wasn't as bad as some people are making it out to be. I will NEVER do it again, but what choice do I have but to defend my choice (as stupid as it was)?
  • 09-29-2014, 10:09 AM
    Disagreeable
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Your defense if charged is exactly that. I suggest you video different scenarios that could have occurred with an adult taking the place of the child in the car and back yard. It will be a good defensive rebuttal in court. The point you are stressing is you children were as safe as they would have been in your back yard. I think the entire issue in your situation is ridiculous.
  • 09-29-2014, 10:09 AM
    jdonaldson
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting cbg
    View Post
    My sister's beagle knows how to unlock the door and lower the windows, which only requires that the motor be running (and from what the OP says, it was). If a dog can do it, a child can do it. And from there, it's only a matter of 30 seconds before that child (though not the dog) is halfway across the parking lot.

    The windows will not go up or down when it is remotely started and the keys are not in the ignition. NOTHING but the fan and thermostat works! I had the A/C on. Even if my son had gotten out of the seat, there is nothing functional in the car while in that mode and if the door opens, the alarm goes off.
  • 09-29-2014, 10:34 AM
    Mr. Knowitall
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting Disagreeable
    View Post
    Your defense if charged is exactly that. I suggest you video different scenarios that could have occurred with an adult taking the place of the child in the car and back yard. It will be a good defensive rebuttal in court. The point you are stressing is you children were as safe as they would have been in your back yard. I think the entire issue in your situation is ridiculous.

    If this involves an adult being buckled into a rear-facing child seat, somebody should post it to YouTube.
  • 09-29-2014, 10:35 AM
    jdonaldson
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting Disagreeable
    View Post
    Your defense if charged is exactly that. I suggest you video different scenarios that could have occurred with an adult taking the place of the child in the car and back yard. It will be a good defensive rebuttal in court. The point you are stressing is you children were as safe as they would have been in your back yard. I think the entire issue in your situation is ridiculous.

    Ridiculous that I am having to go through the waiting of possibly being charged or ridiculous that I did such a stupid thing? Or both?
  • 09-29-2014, 10:36 AM
    llworking
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting Mr. Knowitall
    View Post
    If this involves an adult being buckled into a rear-facing child seat, somebody should post it to YouTube.

    Well, a four year old wouldn't be in a rear facing seat...but that is one YouTube video that I would get a serious chuckle out of...LOL.
  • 09-29-2014, 10:36 AM
    jdonaldson
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting Mr. Knowitall
    View Post
    If this involves an adult being buckled into a rear-facing child seat, somebody should post it to YouTube.

    It is a front facing seat, but I fail to see your point...
  • 09-29-2014, 10:40 AM
    Disagreeable
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Ridiculous, that society has degraded to the point one must be worried about walking away from their child for a few minutes into an open storefront, when the child has an electronic babysitter that is safer than allowing them to play in your backyard. We have degraded to the point where one is only free to live their life as long as they hide it from prying eyes and Big Brother.
  • 09-29-2014, 10:44 AM
    Mr. Knowitall
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting jdonaldson
    View Post
    It is a front facing seat, but I fail to see your point...

    Then you need a sense of humor.
  • 09-29-2014, 10:48 AM
    Disagreeable
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    ROFLMAO Picturing adult buckled in small rear facing child seat:)


    Quote:

    Quoting Mr. Knowitall
    View Post
    Then you need a sense of humor.

  • 09-29-2014, 10:51 AM
    llworking
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting Disagreeable
    View Post
    Ridiculous, that society has degraded to the point one must be worried about walking away from their child for a few minutes into an open storefront, when the child has an electronic babysitter that is safer than allowing them to play in your backyard. We have degraded to the point where one is only free to live their life as long as they hide it from prying eyes and Big Brother.

    In a way I agree with you. I don't think that I would have called the cops in that scenario. I would have hung around to make sure that the parent came right back, but I wouldn't have called the cops.
  • 09-29-2014, 10:55 AM
    BooRennie
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting llworking
    View Post
    In a way I agree with you. I don't think that I would have called the cops in that scenario. I would have hung around to make sure that the parent came right back, but I wouldn't have called the cops.

    You're going to know how long a child has been locked in a car when you happen upon it? Or how long the parent/caregiver will take to return to the car? Or even where the parent/caregiver is located after they've left the child locked in the car?
  • 09-29-2014, 11:00 AM
    Disagreeable
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    A screaming, sweat covered child is usually an indicator. Are you not a parent?

    Quote:

    Quoting BooRennie
    View Post
    You're going to know how long a child has been locked in a car when you happen upon it? Or how long the parent/caregiver will take to return to the car? Or even where the parent/caregiver is located after they've left the child locked in the car?

  • 09-29-2014, 11:08 AM
    budwad
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting Disagreeable
    View Post
    Ridiculous, that society has degraded to the point one must be worried about walking away from their child for a few minutes into an open storefront, when the child has an electronic babysitter that is safer than allowing them to play in your backyard. We have degraded to the point where one is only free to live their life as long as they hide it from prying eyes and Big Brother.

    I agree completely and what I was trying to say in my original post. If there is a real concern about a danger, by all means report it. But just to get someone in trouble because you want to teach them some lesson because you think you are smarter than they makes me question where we have gotten to as a society.

    Quote:

    Quoting BooRennie
    View Post
    You're going to know how long a child has been locked in a car when you happen upon it? Or how long the parent/caregiver will take to return to the car? Or even where the parent/caregiver is located after they've left the child locked in the car?

    The woman saw him walk away from the car. If she had said something to him this wouldn't have happened. If she had waited 5 minutes before calling the police, this wouldn't have happened. But no. She knew better than him what was best and then just drove away.

    Everyone of you critical folks was left in a car or unattended in your life while growing up. How on earth did you ever make it to adulthood without your parents being arrested?
  • 09-29-2014, 11:09 AM
    adjusterjack
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting jdonaldson
    View Post

    I just really hope that the deputy involved or police dept doesn't charge me with anything. They obviously can, but I can tell you, I certainly learned my lesson.

    A bank robber that gets caught with a bag of money on the way out of the bank has learned his lesson too. Guess what, he still gets prosecuted for bank robbery.
  • 09-29-2014, 11:13 AM
    aaron
    Re: Left 4 Tear Old in Car for Literally 4 Minutes
    Quote:

    Quoting budwad
    View Post
    Everyone of you critical folks was left in a car or unattended in your life while growing up. How on earth did you ever make it to adulthood without your parents being arrested?

    Although I haven't said a word to this point... by virtue of somebody being fast enough to catch up with the car as it rolled down a hill after I pushed the really shiny silver button that, as it turned out, released the hand brake. Why they parked in neutral on a steep hill, I couldn't tell you. Grown-ups....
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