Left 4 tear old in car for literally 4 minutes

[mdonaldson]

What is the name of your state (only U.S. law)?

I am in Upstate New York. I was in an a hurry on my way home with my son in his car seat properly secured. It was approximately 65 degrees out and sunny. I cracked the windows in my car, got out, then used my remote start to start the car again so the A/C would stay on even though I knew I would be running right in and out of the store. Someone spotted this and called the police. As I left the store, a gentleman walked up to me and suggested a woman had witnessed me leaving my son in the car (which was in plain sight 90% of the time as I went into the store because I was only picking up something in the front area of the store and the entire storefront was windows - there were very few cars in the lot and parked only a few spots away from the store). I quickly commented to the gentleman that I was in the store for literally 3 or 4 minutes and my child is fine. I drove off (I am not sure if an officer went to the liquor store or not) and when I got home about 10 minutes later, a police officer was waiting with my wife outside of my house. He asked me if this had happened and I told him the truth.
The officer said he could not give me any info on what might happen, but that he was going to report it to his supervisor per protocol and he decides the next steps.\
This officer did not write anything down or have me sign anything.
It should be noted that the store I ran into was a liquor store, however it wasn't in a "bad" part of town and I was not drinking and driving. The officer new that I had gone to said liquor store because that was what he was told by the woman who reported the incident. The officer did not ask me if I was drinking nor did he give a sobriety test or anything. The whole thing seems a little weird and the only thing I can find online is the NYS law that says as long as the child was not in negligent situation (hot car, etc) that it punishable up to a $50 fine for a first offense.
Believe, I am not taking this lightly and I do feel what I did was terribly wrong and I will NEVER do it again. I am not sleeping at night and walking around like a zombie because I am nervous as to what could happen as a result of my terribly stupid and reckless decision. I take full responsibility for this and know it was very wrong.

Does anyone know or have some idea what the worst is that can happen to me or my son? Could our son be taken from us? Could I be arrested? This happened on 9/27/14 and I wasn't issued a citation or any paperwork nor was I arrested.

Thank you in advance.

 

[Proserpina]

What is the name of your state (only U.S. law)?

I am in Upstate New York. I was in an a hurry on my way home with my son in his car seat properly secured. It was approximately 65 degrees out and sunny. I cracked the windows in my car, got out, then used my remote start to start the car again so the A/C would stay on even though I knew I would be running right in and out of the store. Someone spotted this and called the police. As I left the store, a gentleman walked up to me and suggested a woman had witnessed me leaving my son in the car (which was in plain sight 90% of the time as I went into the store because I was only picking up something in the front area of the store and the entire storefront was windows - there were very few cars in the lot and parked only a few spots away from the store). I quickly commented to the gentleman that I was in the store for literally 3 or 4 minutes and my child is fine. I drove off (I am not sure if an officer went to the liquor store or not) and when I got home about 10 minutes later, a police officer was waiting with my wife outside of my house. He asked me if this had happened and I told him the truth.
The officer said he could not give me any info on what might happen, but that he was going to report it to his supervisor per protocol and he decides the next steps.\
This officer did not write anything down or have me sign anything.
It should be noted that the store I ran into was a liquor store, however it wasn't in a "bad" part of town and I was not drinking and driving. The officer new that I had gone to said liquor store because that was what he was told by the woman who reported the incident. The officer did not ask me if I was drinking nor did he give a sobriety test or anything. The whole thing seems a little weird and the only thing I can find online is the NYS law that says as long as the child was not in negligent situation (hot car, etc) that it punishable up to a $50 fine for a first offense.
Believe, I am not taking this lightly and I do feel what I did was terribly wrong and I will NEVER do it again. I am not sleeping at night and walking around like a zombie because I am nervous as to what could happen as a result of my terribly stupid and reckless decision. I take full responsibility for this and know it was very wrong.

Does anyone know or have some idea what the worst is that can happen to me or my son? Could our son be taken from us? Could I be arrested? This happened on 9/27/14 and I wasn't issued a citation or any paperwork nor was I arrested.

Thank you in advance.

I'll only comment on the temperature issue.

Please, don't ever think that the car won't heat up too much when it's 65 degrees out. Yes, it would take a lot longer for it to become an oven than when it's 90 out, but children just aren't easily able to regulate their body temperatures and lower temps can still be dangerous.

Others will answer the rest of the points, but I'm sure you've learned (sheer terror can be quite the effective teacher) a lesson.

Good luck - go forth and leave the kids in the car no longer.

 

[FlyingRon]

Your idea of what is negligent and what the police may find may be too different things. In addition to your potential criminal charges, I'd have a family services lawyer on speed dial in case CFS gets involved. Cops are probably mandatory reporters.

 

[justalayman]

(a) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the vehicle, and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway, provided, however, the provision for removing the key from the vehicle shall not require the removal of keys hidden from sight about the vehicle for convenience or emergency. (b) A driver may, for the purpose of getting away from the place of standing, move another vehicle which is so placed he cannot get his vehicle out; provided, however, that immediately thereafter he shall reset the brake and, if on a grade, turn the front wheels to the curb or side of the highway. This privilege is subject to the limitation set forth in subdivision (e) of section twelve hundred two. (c) Towing agencies, which remove vehicles unlawfully parked on private property at request of the owner of the premises and without the written consent of the owner of the vehicle, shall immediately notify the local police station house having jurisdiction over the area where such vehicle was unlawfully parked, of the description of the car which was removed, and the time of removal.

if nothing else you were in violation of that section of code. If you want to argue you removed the keys, please refer to this:

http://law.justia.com/cases/new-york/other-courts/2014/2014-ny-slip-op-50584-u.html


It appears NY has been trying to add a section to their code (1210-a ( not the (a) under 1210 but a new section of code) that would prohibit leaving any child under 8 unless attended by a person 12 years or older. I cannot find that that has been enacted.

 

[commentator]

What age was the child? Okay, I see. Four. Scary. Saw exactly what you did, didn't they? My judgment-challenged ex left a three year old in the car like this, and the child unhooked himself, got out of the car and started across the parking lot on foot.

All your equivocation, all your "I'm like a zombie" all your excuses and I'm so very very very sorry nows (concerning yourself, of course, how YOU feel, what might happen to YOU) say to me you are someone who has alcohol/other addiction issues that clouded your judgment. This is the kind of behavior that is common to addicts which most people just do not do. I have heard people who had actually left their children to die in hot cars sound just as remorseful and just as horrified and just as traumatized. They don't love their children any less than other people, they just had slightly different priorities that caused them to use very very bad judgment.

I think you should seek help for this, I'm calling you out that you already have serious issues that need addressing even if nothing else happens to you regarding the incident. But I'd also have that attorney on speed dial, because it could definitely go on from here.

 

[LdiJ]

What age was the child? Okay, I see. Four. Scary. Saw exactly what you did, didn't they? My judgment-challenged ex left a three year old in the car like this, and the child unhooked himself, got out of the car and started across the parking lot on foot.

All your equivocation, all your "I'm like a zombie" all your excuses and I'm so very very very sorry nows (concerning yourself, of course, how YOU feel, what might happen to YOU) say to me you are someone who has alcohol/other addiction issues that clouded your judgment. This is the kind of behavior that is common to addicts which most people just do not do. I have heard people who had actually left their children to die in hot cars sound just as remorseful and just as horrified and just as traumatized. They don't love their children any less than other people, they just had slightly different priorities that caused them to use very very bad judgment.

I think you should seek help for this, I'm calling you out that you already have serious issues that need addressing even if nothing else happens to you regarding the incident. But I'd also have that attorney on speed dial, because it could definitely go on from here.

I don't know...that might be a little over the top. It was just 4 minutes and he could see the child from the store...and it was only 65 degrees outside. While nevertheless illegal, its a whole lot different than someone who leaves their kid in the car, in 90 degree weather, so that they can go inside a bar and drink.

 

[Proserpina]

What age was the child? Okay, I see. Four. Scary. Saw exactly what you did, didn't they? My judgment-challenged ex left a three year old in the car like this, and the child unhooked himself, got out of the car and started across the parking lot on foot.

All your equivocation, all your "I'm like a zombie" all your excuses and I'm so very very very sorry nows (concerning yourself, of course, how YOU feel, what might happen to YOU) say to me you are someone who has alcohol/other addiction issues that clouded your judgment. This is the kind of behavior that is common to addicts which most people just do not do. I have heard people who had actually left their children to die in hot cars sound just as remorseful and just as horrified and just as traumatized. They don't love their children any less than other people, they just had slightly different priorities that caused them to use very very bad judgment.

I think you should seek help for this, I'm calling you out that you already have serious issues that need addressing even if nothing else happens to you regarding the incident. But I'd also have that attorney on speed dial, because it could definitely go on from here.

That's quite the talent you have there, diagnosing addiction issues over the interwebz. I think the last time that happened was during the Rmet times and that wasn't pretty either.

 

[Ohiogal]

What is the name of your state (only U.S. law)?

I am in Upstate New York. I was in an a hurry on my way home with my son in his car seat properly secured. It was approximately 65 degrees out and sunny. I cracked the windows in my car, got out, then used my remote start to start the car again so the A/C would stay on even though I knew I would be running right in and out of the store. Someone spotted this and called the police. As I left the store, a gentleman walked up to me and suggested a woman had witnessed me leaving my son in the car (which was in plain sight 90% of the time as I went into the store because I was only picking up something in the front area of the store and the entire storefront was windows - there were very few cars in the lot and parked only a few spots away from the store). I quickly commented to the gentleman that I was in the store for literally 3 or 4 minutes and my child is fine. I drove off (I am not sure if an officer went to the liquor store or not) and when I got home about 10 minutes later, a police officer was waiting with my wife outside of my house. He asked me if this had happened and I told him the truth.
The officer said he could not give me any info on what might happen, but that he was going to report it to his supervisor per protocol and he decides the next steps.\
This officer did not write anything down or have me sign anything.
It should be noted that the store I ran into was a liquor store, however it wasn't in a "bad" part of town and I was not drinking and driving. The officer new that I had gone to said liquor store because that was what he was told by the woman who reported the incident. The officer did not ask me if I was drinking nor did he give a sobriety test or anything. The whole thing seems a little weird and the only thing I can find online is the NYS law that says as long as the child was not in negligent situation (hot car, etc) that it punishable up to a $50 fine for a first offense.
Believe, I am not taking this lightly and I do feel what I did was terribly wrong and I will NEVER do it again. I am not sleeping at night and walking around like a zombie because I am nervous as to what could happen as a result of my terribly stupid and reckless decision. I take full responsibility for this and know it was very wrong.

Does anyone know or have some idea what the worst is that can happen to me or my son? Could our son be taken from us? Could I be arrested? This happened on 9/27/14 and I wasn't issued a citation or any paperwork nor was I arrested.

Thank you in advance.

You could expect to have an issue with CPS for your negligence. This is considered child neglect in many areas. You exercised bad judgment in leaving your four year old alone in the car. What if someone had broken in? What if the child had knocked the car out of park? What if the child had gotten out of the car and wandered around in the parking lot. This WAS negligent. You need to speak to a lawyer.

 

[Ohiogal]

I don't know...that might be a little over the top. It was just 4 minutes and he could see the child from the store...and it was only 65 degrees outside. While nevertheless illegal, its a whole lot different than someone who leaves their kid in the car, in 90 degree weather, so that they can go inside a bar and drink.

Actually no, it isn't. Not when it comes to the law. FOUR minutes? He could see the child? Was he within arm's length of the car? Could you help the child if the child had issues? Could he stop the child from getting out of the car? Or knocking the car into gear? Or getting out of his seat belt? OP is making excuses.

 

[LdiJ]

Actually no, it isn't. Not when it comes to the law. FOUR minutes? He could see the child? Was he within arm's length of the car? Could you help the child if the child had issues? Could he stop the child from getting out of the car? Or knocking the car into gear? Or getting out of his seat belt? OP is making excuses.

I was talking about diagnosing the OP with addiction issues based on that incident. That was the part that I thought was over the top. Although, I have to admit that I doubt that anything more is going to come of this. I think that the cop would have at least issued him a citation if anything further was going to happen.

 

[Ohiogal]

I was talking about diagnosing the OP with addiction issues based on that incident. That was the part that I thought was over the top. Although, I have to admit that I doubt that anything more is going to come of this. I think that the cop would have at least issued him a citation if anything further was going to happen.

That part yes was over the top. But it is very possible that CPS can get involved. If not, OP should count him/herself VERY lucky because he/she BROKE the law! That is considered child neglect. And it is very dangerous. I don't care if he/she was gone two minutes. Lots of things could have gone wrong in that amount of time.

 

[Proserpina]

I was talking about diagnosing the OP with addiction issues based on that incident. That was the part that I thought was over the top. Although, I have to admit that I doubt that anything more is going to come of this. I think that the cop would have at least issued him a citation if anything further was going to happen.

I'm in complete agreement.

And I am not kidding about rmet; there was a point where she was giving her armchair diagnoses to just about every Tom, Richard and Harriet in the custody forums. It's a dangerous path.

Was the OP negligent? Yes, I believe so. Will anything happen? We can't guess that any more than we can guess which poster suffers from X diagnosis. While I can understand the rush to judgment, it's a very slippery slope in my very humble little opinionette.

The only advice we should be giving this OP is "hush thine mouth until/unless you're charged and/or child services get involved - in which case run, not walk, to your choice of attorney".

 

[justalayman]

I was talking about diagnosing the OP with addiction issues based on that incident. That was the part that I thought was over the top. Although, I have to admit that I doubt that anything more is going to come of this. I think that the cop would have at least issued him a citation if anything further was going to happen.

Did you think of the probability the cop COULDN'T issue a ticket as they did not observe the violation? The cop will write a report and likely forward it to the prosecutor for review and consideration of instituting charges.

 

[LdiJ]

I'm in complete agreement.

And I am not kidding about rmet; there was a point where she was giving her armchair diagnoses to just about every Tom, Richard and Harriet in the custody forums. It's a dangerous path.

Was the OP negligent? Yes, I believe so. Will anything happen? We can't guess that any more than we can guess which poster suffers from X diagnosis. While I can understand the rush to judgment, it's a very slippery slope in my very humble little opinionette.

The only advice we should be giving this OP is "hush thine mouth until/unless you're charged and/or child services get involved - in which case run, not walk, to your choice of attorney".

That wasn't the worst of Rmet. On at least two occasions she tried to con posters into calling CPS on themselves. More than once she called CPS to report someone, and then tried to convince the OP to call that caseworker because the caseworker was allegedly ready and waiting to provide them assistance and services.

 

[commentator]

Sorry guys, rmet must have been before my time. I was stretching a bit, I admit. Armchair diagnosis of this type is inappropriate. But in some defense, it's after a long professional life of listening to what's said and unsaid.

If this OP had said he left the child in a Wal-mart parking lot, or just a store parking lot, maybe I wouldn't have jumped to some conclusions from what I heard, which was lots of comments about how even though it was a liquor store, it wasn't a bad liquor store, it was in a nicer part of town and the cop didn't do a breath test he didn't accuse me of drinking and driving, and I wasn't drinking and driving after all, and so much justification and emphasis on the alcohol aspect of the situation it just set off my radar.

This wasn't wrong because it was a liquor store parking lot, it was wrong because he left the child in the car, in violation of law and common sense and he endangered the child by his actions. That he's so interested in justifying the whole liquor store aspect, that he made dozens of self justifying excuses, and that he's so intent on how he feels about all this now was the reason I picked up something that maybe wasn't there. I'll do better in the future.