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No jail time for drunk driver who had son in car

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Posted at 11:59 AM, Dec 02, 2014
and last updated 2015-11-27 11:59:52-05

A Buffalo man who admitted driving drunk and being high on marijuana with his child in the car when he crashed will not be going to prison.

Jerry Rutledge, 58, was sentenced to five years probation with DUI court, a $1,000 fine, 100 hours of community service, and his license will be revoked for 18 months.

Rutledge pleaded guilty in October to aggravated DWI under Leandra’s Law for the January 15 crash on William Street in Cheektowaga. His vehicle crossed the double yellow line, struck an SUV, which in turn struck a pedestrian. Neither the driver of the SUV or pedestrian was injured in the crash.

Rutledge’s 1-year-old son was in the vehicle at the time of the accident. Rutledge had a BAC of .31 percent, nearly four times the legal limit.

He told police at the scene that he had been drinking and smoking marijuana. Officers found two bottles of gin hidden in the child’s diaper bag.

Rutledge could have faced up to four years in prison.