A woman in Cape Coral, Florida was arrested recently for driving under the influence. After police pulled over the vehicle she was driving, they discovered the presence of a three-week-old infant in the car. The woman, Malissa MacQuillan, 27, was stopped after a police officer saw her driving and became suspicious.
The law enforcement officer who conducted the traffic stop asked MacQuillan to perform a roadside field sobriety test. After her unsatisfactory performance, the officer placed MacQuillan under arrest. According to the law enforcement breathalyzer device, MacQuillan's breath alcohol concentration was almost 0.17, over twice the level at which a driver is presumed to be impaired for purposes of Florida DUI/DWI laws. MacQuillan was taken into custody but later released.
Prosecutors have charged MacQuillan with driving under the influence and cruelty toward a child. Police notified the Florida Department of Children and Families about the incident following MacQuillan's arrest. The baby is now in the care of a relative, a fairly common practice. When the parent of a young child is arrested for a crime, the DCF frequently makes an inquiry into the fitness of the parent and the home more generally. This is particularly true if the crime in any way endangered a child. Driving under the influence of alcohol with a minor present in the vehicle is just a single example of the type of charge that could result in the temporary or even permanent placement of a child into the custody of another caretaker, such as a family member or foster home. Other crimes that could trigger a DCF investigation include selling or manufacturing a controlled substance, violent crimes, sex crimes, and any criminal activity that occurs in the home or in the child's presence. Additionally, using illegal drugs in the home can result in the intervention of DCF.
A crime report is available here.
