Mom arrested for OWI with kids in car

Local News

September 7, 2010

By Courtney Essett CNHI The Hendricks County Flyer Tue Sep 07, 2010, 03:58 PM EDT

DANVILLE — Police officer Derek Heller got a big surprise when he pulled over a black Cadillac Escalade on suspicion of impaired driving Sunday.

The vehicle was being driven by 44-year-old Brandee L. Polak of Zionsville, with seven children in tow. Heller said he pulled the vehicle over at State Road 39 in Danville after observing the driver speeding and twice crossing the center line.

According to his report, Heller approached the vehicle once it was stopped and reported smelling alcohol. He reported that Polak seemed confused and disoriented. Polak, who at first denied having a drink, had four of her children and three of her friends’ children in the car. Heller reportedly asked Polak where she had come from for a second time and she replied that she had come from her lake house “back there.”

When asked to step out of her vehicle for field sobriety tests, Polak allegedly failed to put the car in park and the vehicle began to move with the children inside. After admitting to consuming two beers, Polak reportedly failed four field sobriety tests. She reportedly stopped the one-leg stand test after putting her foot down three times, and then agreed to a portable breath test, which registered a .11; the legal limit is .08. Portable breath tests are not admissible in court but are used by officers to determine if probable cause is warranted for a DUI arrest.

Polak’s vehicle was released at the scene to her 16-year-old son who was following her in separate vehicle with her husband and other children. Polak was read her rights and transported to the Hendricks County Jail where she reportedly registered a .10 on the Certified Breath Test, which is admissible in court.

Heller’s report states that Polak later admitted to having six beers and stated that she was sorry. Polak has been formally charged with operating while intoxicated, a class D felony.

courtney.essett@flyergroup.com

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