http://www.thechildinjurylawyer.com/no-clear-answers-in-drunken-breast-feeding-arrest Florida Child Injury Lawyer | Orlando Shaken Baby Syndrome Attorney | Jacksonville Child Abuse Lawyer | Daytona Beach Day Care Injury Attorney Tue, 29 Mar 2011 05:45:22 -0600 http://wordpress.org/?v=2.8.2 hourly 1 http://www.thechildinjurylawyer.com/no-clear-answers-in-drunken-breast-feeding-arrest/comment-page-1#comment-24 Carol Elizabeth Mosca Fri, 17 Jul 2009 01:44:22 +0000 http://www.thechildinjurylawyer.com/?p=251#comment-24 I would also like to know the circumstances surrounding Stacey's guilty plea. I would also like to know the circumstances surrounding Stacey’s guilty plea.

]]> http://www.thechildinjurylawyer.com/no-clear-answers-in-drunken-breast-feeding-arrest/comment-page-1#comment-23 Carol Elizabeth Mosca Fri, 17 Jul 2009 01:05:57 +0000 http://www.thechildinjurylawyer.com/?p=251#comment-23 I have several comments that may prompt some creative defenses for the new mother. First, the most obvious concern is to "define drunk." Without a qualifier such as a blood alcohol test, the charge seems vague and ambiguous at best. Second, silly, goofy, upset individuals may exhibit "behavior" that couldy be perceived as crazy, drunk, etc. Third, the last sentence of the article states that the arrest was based on the "totality of the circumstances." Well, what ARE ALL the FACTS? What about probable cause verses reasonable suspicion as follows: --Criminal standard of Probable Cause=beyond a shadow of a doubt or 99.9% --Civil standard of Reasonable Suspicion=preponderance of evidence or 51.0%. Fourth and finally, a pediatrician suggested to a family friend (in Richmond, Va circa 1985) that she drink a beer before breast feeding to relax her because she was having difficulty with the task with her first child. It worked. In closing, I hope Stacey will appeal the verdict because (without having knowledge of all the facts) based on the information in the aforementioned article, this sounds like a good case of malicious prosecution to me. I have several comments that may prompt some creative defenses for the new mother. First, the most obvious concern is to “define drunk.” Without a qualifier such as a blood alcohol test, the charge seems vague and ambiguous at best. Second, silly, goofy, upset individuals may exhibit “behavior” that couldy be perceived as crazy, drunk, etc. Third, the last sentence of the article states that the arrest was based on the “totality of the circumstances.” Well, what ARE ALL the FACTS? What about probable cause verses reasonable suspicion as follows:
–Criminal standard of Probable Cause=beyond a shadow of a doubt or 99.9%
–Civil standard of Reasonable Suspicion=preponderance of evidence or 51.0%.
Fourth and finally, a pediatrician suggested to a family friend (in Richmond, Va circa 1985) that she drink a beer before breast feeding to relax her because she was having difficulty with the task with her first child. It worked.
In closing, I hope Stacey will appeal the verdict because (without having knowledge of all the facts) based on the information in the aforementioned article, this sounds like a good case of malicious prosecution to me.

]]>