When you can’t find what you’re looking for in North Carolina, you may have to extend your search out of state. Case in point: I’ve just discovered an opinion from the Minnesota Court of Appeals that answers the elusive question of how many aggravating factors apply if a person drives while impaired with more than one child in the car. And unlike some things you can only find in another state--like major league baseball and pot-laced gummy bears--you can bring this one home to the Old North State. The case is State v. Fichtner, 867 N.W.2d 242 (Minn. Ct. App. 2015). It arose from the prosecution of Tarah Fichtner for driving while impaired and child endangerment based upon Fichtner’s driving with her three children in her van. A Minnesota law enforcement officer stopped the van Fichtner was driving just before 2 a.m. on March 11, 2013 after noticing that its passenger-side brake light was out. During the course of the stop, the officer formed probable cause to believe that Fichtner was impaired and arrested her for DWI. Fichtner was subsequently charged with second-degree DWI, based on the presence of two or more statutory aggravating factors. The State considered the presence of each of Fichtner’s three children in the van to constitute a separate aggravating factor. Fichtner also was charged with child endangerment for the same conduct. Aggravating factor of having a child in the car. Minnesota law provides that that “having a child under the age of 16 in the motor [...]
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