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DUI Driver In VA Had BAC More Than Double Legal Limit With Unbuckled Children In Car: Sheriff

Sunday Funday took on a new meaning for a man busted driving with a blood alcohol concentration more than double the legal limit in the middle of the day with children in the car, according to the sheriff's office.

Martin Magallanes

Martin Magallanes

Photo Credit: Staff

Stafford resident Martin Magallanes, 55, had to be taken off the roadway by deputies on Sunday afternoon after they were called to investigate reports of a suspected drunk driver who was spotted swerving from lane to lane, drawing the attention of a Park Police officer.

According to a Stafford County Sheriff's Office spokesperson, a deputy was called to the area of Garrisonville Road and Rock Hill Church Road at around 3:15 p.m. on Sept. 15, where there was a drunk driving complaint.

Police say that an officer was traveling in the area when they spotted Magallanes swerving repeatedly into oncoming traffic, and out of a concern for other motorists, the Park Police officer conducted a traffic stop.

During the subsequent stop, a deputy spoke with Magallanes, who showed signs of intoxication and admitted to downing some tequila before getting behind the wheel.

To compound matters, the deputy also reported that there were two children in the backseat of Magallanes' vehicle, neither of whom were properly secured or buckled in.

Magallanes was taken into custody and charged with: 

  • DUI with a BAC above .20 percent with children present;
  • Reckless driving;
  • Two counts of child neglect;
  • Transporting a child with a child restraint device;
  • Expired registration.

He was held at the Rappahannock Regional Jail without bond.

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