Control of Vehicle While Intoxicated Enough for DWI But Not for Child Endangerment

As a family mediator and guardian ad litem, I keep abreast of child abuse, neglect and endangerment cases.  The New Mexico Court of Appeals has recently reviewed whether control of a vehicle while intoxicated can form the grounds for a felony child abuse conviction.  See State v. Etsitty, 2012-NMCA-012.  After analysis the Court concluded it could not.

Vehicular Manslaughter Distinguished from Child Abuse

As a guardian ad litem (GAL) and domestic relations mediator in New Mexico, I take special interest in unusual court cases involving children, even when not precisely within my bailiwick.  In State v. Gonzales, 2011-NMCA-081, the New Mexico Court of Appeals has ruled that criminal negligence that endangers the public at large--such as driving will intoxicated--and results in injury or death of a child cannot generally support a conviction for negligent child abuse by endangerment (NMSA 30-6-1(D))(1)).