here's what happened, i pulled in to a 7/11 my daughter who is 3 was in the backseat, i ran in to get an item from the counter, keep in mind there was no inside the store and i had left my vehicle running with the A/C on. i was in and out in about 30 seconds to a minute. i could see my daughter the whole time. when i came out there was a sheriff by my vehicle. he told me that it was child neglect and he could take me to jail. he gave me a ticket for leaving a vehicle unattended and the proceeded to tell me to "not even try to fight it or i will get you for child neglect". something seems off about it. any help would be awesome! thanks in advance!
I am sorry to be the one to tell you, but it is considered neglect in Florida to leave a child alone in a car, and to do so in the summer.
There have been so many instances of people stealing cars and the baby is in the back, and there have been so many babies die of heat stroke when left in the summer.
I know you said the car was running and the air was on, but the truth is that your 3 year old could have gotten out of her car seat and moved the car; it happens all the time.
Take the ticket. Pay the ticket. Then, kiss your daughter and be thankful that nothing happened.
Believe it or not, that deputy may have been your guardian angel.
I am happy you and your child are well.
This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445
I agree with my colleague. I too have been faced with the choice of whether to run in and leave my child in back at a convenience store or take her inside EVERY time. I also agree that the deputy may have been looking out for you and that you should simply pay the ticket. While I think it would have been nice to have let you off with a warning, there job is to enforce the law.
Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.
Nothing really seems off by it - the deputy was doing their job. I agree with my colleagues. In the end, while it may be a hassle, do not leave your 3 year old unattended in a vehicle.
You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Another piece of advice - turn the car off if you move from behind the wheel. Children do the unexpected and are fast. They could easily get behind the wheel before you have a chance to stop them.
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