A woman from Memphis, Tennessee is in jail on several charges, including a DUI charge and a child endangerment charge even though there was no child in the car with her and her blood alcohol level was under the legal limit.
Maria Guerra was driving alone when she crashed her car. She is charged with a DUI and child endangerment because she is four months pregnant. Tennessee law includes a "viable fetus" as a victim. However, the minimum of the age of the fetus is 24 weeks old, which is 5.5 months, and Guerra is only four months pregnant.
Even though her blood alcohol level was .045, barely half of the legal limit, the DUI charge rests with the power of the officer. Guerra is currently in jail on a $5,000 bond.
Please tell the City of Memphis government not to charge Guerra with child endangerment and to make sure this doesn't happen again!
Dear City of Memphis Government,
Recently, Maria Guerra was driving her car alone when she crashed. She was charged with child endangerment even though there was no child with her because she is four months pregnant. Tennessee counts viable fetuses as victims, but the minimum age for them is 24 weeks old, which is 5.5 months not four.
Guerra was also charged with a DUI even though she was barely over half of the legal limit for her blood alcohol level. She is currently in jail on a $5,000 bond.
Please don't charge Guerra with child endangerment and make sure nothing like this happens again.
Thank you for your time.