MADISON (WKOW) — Authorities say a Madison mother who slumped behind-the-wheel in commute traffic during her suspected drunken driving, had her 11-month-old baby in the back seat without the child being restrained.
“(Baby) was standing in his car seat and was not restrained in the car seat in any way,” a criminal complaint against 37-year-old Rosavi Cabrera states.
Cabrera appeared in Dane County Court Friday on felony charges of recklessly endangering safety, OWI fifth offense with a minor child in the vehicle, and bail jumping.
Court Commissioner Brian Ausmus set her bail at $1,000. The bail was paid within an hour of the court hearing’s completion and Cabrera was released from jail.
Authorities say a six-month-old baby was also in the car’s back seat on John Nolen Drive at South Broom Street. Dane County Special Prosecutor Will Davis says the infant was another woman’s child.
“She blew a .158,” Davis says of Cabrera’s blood alcohol level. Wisconsin’s legal limit to drive is .08, but because Cabrera is a repeat drunk driver, her level was nearly eight times her legal limit for driving of .02.
The complaint also says Cabrera lost her balance during a field sobriety test and then “…defendant lost her balance three more times.”
Madison Fire Lieutenant Matt Mialik tells 27 News he used the sharp metal nub-device on a firefighter’s Swiss Army-style knife to break the car’s window.
“We did notice the vehicle was in drive still,” Mialik says. “It was given a high priority call.”
Cabrera’s attorney, Jason Gonzalez, says Cabrera’s mother is poised to help her daughter.
“She’s arranged for Ms. Cabrera to enter inpatient, intensive inpatient treatment,” Gonzalez says.
Court records show Cabrera has completed past treatment programs. At the time of her Wednesday arrest with the children in the car, Cabrera was awaiting sentencing on a fourth offense OWI conviction.
Records show that conviction involved Cabrera again passing out behind the wheel, again on John Nolen Drive during heavy traffic. Authorities say her blood alcohol level was .12 during that October incident, and Cabrera also indicated prescription drug use. There were no children in the car.
More at WKOW 27 News