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Virginia's "Implied Consent" Statute Compels One Charged With DUI to Give Evidence Against Himself or Lose His License
By Mark Bowes, Richmond Times-Dispatch
Published: January 28, 2009
A Chesterfield County mother accused of driving drunk with her 9-month-old son unbelted in his child-safety seat has been indicted on a felony child-endangerment charge.
A Chesterfield Circuit Court grand jury returned the indictment Jan. 20 against Daphne N. Holt, 25, who also is charged with driving while intoxicated for a third time since December 2003.
Authorities say Holt was stopped Oct. 10 about 9:30 p.m. at Hull Street and Winterpock roads after a police officer observed her driving erratically on Woodlake Village Parkway. She failed a sobriety test and was charged with felony drunken driving, because it was her third such offense.
The officer found Holt's infant son unbuckled in his child seat, which wasn't secured to the seat of her car, Chesterfield police Lt. Randy Horowitz said.
The officer also determined that Holt was driving on a suspended driver's license, which had been revoked for three years after her second drunken-driving conviction two years ago.
Holt was fined $250 and sentenced to six months in jail, all suspended, for her first DUI conviction in February 2004, and fined $500 and sentenced to six months in jail with five months and 10 days suspended for her second DUI conviction in December 2006, according to court records.
Holt also has numerous convictions for speeding, reckless driving, driving on a suspended license, failing to follow court instructions and being in contempt of court, records show.
She is scheduled to appear March 5 in Chesterfield General District Court on the felony DUI charge. A Circuit Court trial date has not been set in the child-endangerment case.
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