Starke man charged with DUI; his grandson was in car

Published: Thursday, July 1, 2010 at 6:57 p.m.
Last Modified: Thursday, July 1, 2010 at 6:57 p.m.

A Starke man is accused of cruelty toward a child after Bradford County deputies allege he was driving under the influence of alcohol while his 1-year-old grandson was in the vehicle.

Officers booked Marshall R. Phillips, 42, into the Bradford County jail Tuesday on the cruelty toward a child charge as well as driving under the influence and driving with a suspended driver's license, according to jail records and the Sheriff's Office. Phillips was released from the jail on a $7,000 bond Wednesday.

An off-duty deputy spotted a vehicle traveling erratically and contacted officers on duty. Phillips' vehicle was pulled over in the 2300 block of State Road 16 at about 8:48 p.m., said Capt. Brad Smith. Inside was an open container of an alcoholic beverage and Phillips' grandson, who was not in a child restraint seat, Smith said.

Two breath tests showed Phillips had an alcohol level of .22, more than twice the state's legal limit of .08, Smith said.

The child was picked up by his great-grandmother and the Florida Department of Children and Families was contacted about the incident, Smith said.

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