On Monday, Penny R. Mitscher, 39, was booked into the Clay County Justice Center on preliminary class C felony charge of contributing to the delinquency of a minor and misdemeanor charges of furnishing alcohol to a minor, public intoxication and disorderly conduct in connection to a traffic stop.
According to information provided by the Brazil Police Department, Patrolman John Goldner witnessed a pickup truck swerving from the curb across the centerline before stopping it near the intersection of Lambert Street and United States 40.
As Goldner approached the truck, he reported seeing the two people inside the truck switch seats.
Smelling a strong odor of alcohol in the vehicle, Goldner discovered unidentified juvenile was the driver and passenger Penny R Mitscher.
When asked why the driver was so erratic, the juvenile told the officer that they "were swerving to miss potholes."
A field sobriety test was performed on both suspects while officers performed a search of the vehicle. Officers discovered a bottle of vodka was on the floorboard and two large fountain drinks with a strong odor of alcohol in the cups in the truck.
When questioned, both allegedly admitted to consuming alcohol before being transported to the Clay County Justice Center without incident.
The juvenile was later picked up when officials contacted a family member. No further information will be made available about the juvenile.
A cash bond was initially set for $10,000 (with no 10 percent allowed), Mitscher remained in custody while awaiting formal court proceedings.
On Thursday, Mitscher appeared before Clay Superior Court Judge Blaine Akers by video conferencing to be appointed a public defender and have a jury trial scheduled tentatively for Jan. 4, 2010.
If convicted of a class C felony, the highest charge filed against Mitscher at this time, the advisory sentence issued by the state for a guilty conviction/plea agreement ranges from 2-8 years in prison and potential fines up to $10,000.
With the court allowing Mitscher to pay 10 percent of her cash bond, she later bonded out of jail to await further court proceedings.