Mother accused of drunk driving with child in car

Updated:

According to a police report, Brown told the officer she had three pomegranate margaritas. After both arrests, brown bonded out of jail.
LAWRENCEVILLE, Ga. —

Gwinnett police have arrested a 23-year-old mother, accused of driving under the influence, after they pulled her over and noticed her child wasn't in a car seat.

Channel 2's Kerry Kavanaugh went through Ashly Brown's record and also found she had been arrested for the same thing, less than a month ago.

Gwinnett police said Brown was pulled over just after 1 a.m. Sunday when an officer noticed her car weaving over the center line of Herrington Road and making broad sweeping turns.

Investigators said when they stopped Brown, the officer could smell the alcohol on her breath.

"He also noticed that the driver's 4-year-old daughter is in the backseat, not in a car seat," Cpl. Jake Smith with the Gwinnett County Police Department said.

Police said the child in the backseat was Brown's daughter. She wasn't hurt.

The officer charged Brown with DUI, child endangerment and cited her for not having her child in the proper safety restraint.

Monday, Kavanaugh also learned it was Brown's second trip to the Gwinnett County jail in three weeks.

Police said a different officer arrested Brown on Oct. 21. They said Brown was driving down Patterson Road off Sugarloaf Parkway around 5:30 a.m.

Officers said Brown took a wide turn, struck the curb and blew out her tire. She was alongside the road when an officer stopped to help her out.

"In this first case, the original case, she actually admitted to coming from a bar in DeKalb County," Smith said.

According to a police report, Brown told the officer she had three pomegranate margaritas. After both arrests, Brown bonded out of jail.

No one wanted to speak to Kavanaugh when she went to Brown's Lawrenceville home Monday.

Police said even if Brown is found guilty in both cases, it is not enough for her to be considered a habitual violator. Investigators said that happens after a third DUI arrest.

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