According to the Atlanta Journal-Constitution, Henry County Police found a man passed out in his SUV with toddler in the front seat.
When the police arrived at the scene, Robert Eugene Mobley, 39, was passed out in his vehicle while stopped at traffic signal on the Jodeco Road exit ramp off Interstate 75 southbound in McDonough. Details of the scene are not favorable to Mobley: The traffic light was green, and the car's engine was running with the car was in gear. Mobley's foot was on the brake while he was slumped over in the driver's seat, and his 2-year-old son was sitting in the vehicle's passenger seat without a seatbelt. He had a whiskey bottle was in the child's car seat.
According to the police report, it took the responding officer three times to successfully wake up Mobley. When Mobley exited his SUV, the officer reported "a strong odor of alcohol coming from inside the vehicle." The police arrested Mr. Mobley after conducted field sobriety tests. He was then taken to the Henry County Jail. t
Mobley has since been charged with several charges, including DUI, possession of cocaine, child endangerment, having an open container of alcohol in the vehicle, driving on a suspended or revoked license, and not properly securing the child in a car seat.
Because there was a child in the vehicle, Mobley is charged with two DUI's because for every child in a person's vehicle it is considered a separate DUI offense. He is also facing the felony offense of possession of cocaine. Altogether, he is facing up to 19 years in custody for these offenses.
From a practical point of view, the misdemeanor child endangerment charge is far more serious than the drug charge. The child endangerment aspect of the case will act as an aggravating factor in the felony prosecution of the cocaine offense.
Usually, a person charged with felony possession of drugs (first offense) would receive a punishment of probation or the opportunity to attend a Drug Court program. I would expect that because of the DUI and the DUI Child Endangerment charges associated with this case Mr. Mobley will be punished far more severely.
Mobley will need to hire a top-rated Henry County DUI Lawyer.