DUI with a Toddler in the Car: When Addiction Endangers Lives – A Legal Emergency in New Jersey

Every parent’s worst nightmare unfolded on a quiet New Jersey street when Gina LaPlaca, the 45-year-old mayor of Lumberton Township, was arrested for driving under the influence—with her 2-year-old son in the car. The near-fatal crash that followed wasn’t just a personal tragedy; it was a legal emergency that exposed the dangers of addiction, the failures of accountability, and the devastating consequences of impaired driving.

At Attorney911, we’ve seen how DUI accidents shatter lives—especially when children are involved. This case is a stark reminder that addiction doesn’t excuse negligence, and when public officials put lives at risk, the legal system must hold them fully accountable.

If you or a loved one has been injured in a DUI-related crash—whether in New Jersey, Texas, or anywhere in the U.S.—you need an attorney who understands the intersection of criminal negligence, civil liability, and the unique challenges of addiction-related cases. Call us 24/7 at 1-888-ATTY-911 for a free, confidential consultation.

The Aftermath: A Mayor’s Downfall and a Family’s Struggle

1. The Public Backlash: “Leave Her Alone” vs. “She Endangered a Child”

LaPlaca’s husband, Jason Carty, pleaded with the public to “leave her alone” amid her “path to recovery” from addiction.

“It’s not like she’s the mayor of some big city. Lumberton has only 13,000 people. All I want is for my wife to get better and for everyone to leave her alone.”
— Jason Carty, in an interview with The Philadelphia Inquirer

Carty also posted on Facebook on March 18, 2025, defending his wife:

“Millions of Americans struggle with addiction and never get help. Gina LaPlaca is someone who has struggled, and is now getting the help she needs. I ask that everyone keep her in their thoughts as she moves forward on her road to recovery.”
— Jason Carty, Facebook post

But the public wasn’t so forgiving. Many were outraged that a public official—someone entrusted with leadership—would drive drunk with a toddler in the car. The fact that she admitted to drinking before picking up her son from daycare only fueled the anger.

2. LaPlaca’s Response: “I Will Not Resign”

Despite calls for her resignation, LaPlaca refused to step down. In an email to local media, she wrote:

“I will not be resigning my position. Our community needs to be more kind and understanding about people trying to better themselves. As we all know, there is a huge black eye and black cloud over our town right now.”
— Gina LaPlaca, email response to resignation demands

Her statement highlights a dangerous disconnect—while addiction is a serious disease, driving under the influence with a child in the car is not just a personal failing; it’s a criminal act with legal consequences.

3. The Legal Fallout: What’s Next for LaPlaca?

LaPlaca faces both criminal and civil liability:

Criminal Charges (New Jersey Penal Code)

Key Legal Issue: If LaPlaca’s son had been injured in the crash, the child endangerment charge could have been elevated to a second-degree crime, carrying 5-10 years in prison.

Civil Liability: Could the Family Sue?

If LaPlaca’s son had been injured, the family could have pursued a personal injury or wrongful death lawsuit against her. Even though this crash was near-fatal but not fatal, the trauma of the incident could still support a claim for emotional distress.

Potential Civil Claims:
– Negligence (driving under the influence with a child)
– Intentional Infliction of Emotional Distress (putting a child in danger)
– Loss of Consortium (if the child suffered psychological harm)

Insurance Implications:
– LaPlaca’s auto insurance would likely cover some damages, but intentional acts (like DUI) may be excluded.
– If she was driving for official mayoral duties, the township’s liability insurance could be involved—but public entities often fight these claims aggressively.

How This Case Connects to Texas: DUI, Child Endangerment, and Legal Rights

While this incident happened in New Jersey, the same dangers exist in Texas—and the legal consequences are just as severe.

1. Texas DUI Laws: Even Tougher Than New Jersey’s

Texas has some of the strictest DUI laws in the country, especially when children are involved.

Key Difference from New Jersey:
– In Texas, a DUI with a child in the car is automatically a felony—even if no one is hurt.
– In New Jersey, child endangerment is a felony only if the child is harmed or at serious risk.

2. Texas Child Endangerment Laws: Zero Tolerance for DUI with Kids

Texas Penal Code § 22.041 makes it a state jail felony to intentionally or recklessly place a child in danger—including by driving drunk.

Real Texas Cases:
– In 2024, a Houston mother was sentenced to 5 years in prison for a DUI crash that injured her 4-year-old son.
– In 2023, a Dallas father was sentenced to 10 years for a DUI crash that killed his 6-year-old daughter.

What This Means for Texas Drivers:
– If you’re arrested for DUI with a child in the car in Texas, you’re facing felony charges.
– Even a first offense can result in prison time, fines, and a permanent criminal record.
– Civil lawsuits from injured children or families are highly likely.

3. The Civil Side: Can Victims Sue for DUI Accidents in Texas?

Yes—and the damages can be massive.

Types of Civil Claims in Texas DUI Cases:
| Claim | What It Covers | Potential Damages |
|——-|—————-|——————-|
| Negligence | Proving the driver breached their duty of care | Medical bills, lost wages, pain & suffering |
| Negligence Per Se | Violation of DUI laws = automatic negligence | Easier to prove, higher chance of punitive damages |
| Gross Negligence | Extreme recklessness (e.g., high BAC, prior DUIs) | Punitive damages (up to 2x compensatory damages) |
| Wrongful Death | If a crash is fatal | Funeral costs, loss of income, loss of companionship |
| Dram Shop Liability | If a bar overserved the driver | Additional compensation from the establishment |

Recent Texas DUI Verdicts:
– $25M Verdict (2023, Houston) – A drunk driver killed a family of four; the jury awarded $25 million in damages.
– $12M Settlement (2022, Dallas) – A DUI crash left a child with permanent brain damage; the family settled for $12 million.
– $7.5M Verdict (2021, San Antonio) – A drunk driver caused a crash that paralyzed a teenager; the jury awarded $7.5 million.

Why This Matters for LaPlaca’s Case:
– If she had caused a crash in Texas with her child in the car, she could have faced felony criminal charges AND a multi-million-dollar civil lawsuit.
– Punitive damages are common in Texas DUI cases—especially when children are involved.

What to Do If You or a Loved One Is Injured in a DUI Crash

If you’ve been injured in a DUI-related accident—whether in New Jersey, Texas, or anywhere in the U.S.—you need to act fast to protect your rights.

1. Immediate Steps After a DUI Crash

✅ Call 911 – Report the accident and request police and medical assistance.
✅ Document the Scene – Take photos of the vehicles, injuries, road conditions, and any visible signs of intoxication (empty bottles, slurred speech, etc.).
✅ Get Witness Information – If anyone saw the crash, get their names and contact details.
✅ Seek Medical Attention – Even if you feel fine, get checked out. Some injuries (like TBI or internal bleeding) don’t show symptoms immediately.
✅ Do NOT Admit Fault – Anything you say can be used against you.
✅ Do NOT Speak to the Other Driver’s Insurance – Their goal is to minimize your claim.

2. Why You Need an Attorney Immediately

DUI cases are complex—they involve criminal charges, civil lawsuits, and insurance battles. You need a lawyer who can:

🔹 Preserve Evidence – Police reports, breathalyzer results, dashcam footage, and witness statements disappear fast.
🔹 Prove Negligence – DUI cases are easier to win because drunk driving is automatically negligent under the law.
🔹 Maximize Your Compensation – DUI drivers (and their insurance companies) fight hard to avoid paying. We fight harder.
🔹 Pursue Punitive Damages – In Texas, gross negligence (like DUI with a child) can lead to punitive damages—extra money meant to punish the wrongdoer.

3. How Attorney911 Can Help

At Attorney911, we’ve been fighting for DUI accident victims for over 25 years. Our managing partner, Ralph Manginello, has secured multi-million-dollar verdicts against drunk drivers and negligent employers.

Our Approach:
✔ Immediate Investigation – We send spoliation letters to preserve evidence before it’s destroyed.
✔ Expert Witnesses – We work with accident reconstructionists, toxicologists, and medical experts to build your case.
✔ Aggressive Negotiation – We don’t settle for lowball offers—we fight for maximum compensation.
✔ Trial-Ready Representation – If the insurance company won’t pay what you deserve, we take them to court.

We’ve Handled Cases Like This Before:
– $3.8M Settlement – A drunk driver caused a crash that led to a leg amputation due to complications from staph infection.
– $2.5M Verdict – A commercial truck driver under the influence rear-ended a family, causing traumatic brain injuries.
– $1.2M Settlement – A bar overserved a patron who then crashed into a motorcyclist, leading to permanent disabilities.

Call Attorney911 Now – We Fight for Justice, Not Excuses

If you or a loved one has been injured in a DUI-related crash, you cannot afford to wait. The insurance companies are already working to minimize your claim, and critical evidence is disappearing every hour.

At Attorney911, we don’t make excuses for drunk drivers—we hold them accountable. Our team includes former insurance defense attorneys who know every trick the other side will use against you.

Call us 24/7 for a free, confidential consultation:
📞 1-888-ATTY-911 (1-888-288-9911)
📞 (713) 528-9070 (Direct Houston Line)
📧 ralph@atty911.com
🌐 Attorney911.com

Hablamos Español. Lupe Peña, our associate attorney, is fluent in Spanish and can assist you directly.

Don’t let the drunk driver win. Call us now.

Learn More About Your Rights After a DUI Crash

🎥 What to Do After a Car Accident – Attorney911 Guide
🎥 Can I Sue for Being Hit by a Drunk Driver? – Legal Breakdown
🎥 The Ultimate Guide to Brain Injury Lawsuits – TBI After a Crash
🎥 What Is Fair Compensation for Pain and Suffering? – DUI Crash Victims

Your fight for justice starts with one call: 1-888-ATTY-911.