Marion "Pooch" Hall, who stars on the Showtime series "Ray Donovan," has been accused of driving under the influence of alcohol with his 2-year-old son on his lap and crashing his Chrysler sedan into a parked car. The alleged incident occurred in Burbank on October 3. Hall was charged with one felony count of child abuse and two misdemeanor DUI counts (Vehicle Code Section 23152(a) - driving under the influence of an alcoholic beverage and Vehicle Code Section 23152(b) - driving with a 0.08 percent or higher blood-alcohol content). The child abuse charge is alleged due to the danger he placed his son in while he was allegedly driving impaired.
"When police officers arrived, witnesses reported seeing a man driving a Chrysler 300 sedan weaving in and out of traffic with a small child seated on his lap," Burbank police Sgt. Derek Green said shortly after Hall's arrest. "One witness reported seeing the child's hands on the steering wheel. This driver ultimately collided with a parked vehicle and was detained at the scene on suspicion of driving under the influence."
Hall allegedly displayed objective symptoms of intoxication and was unable to satisfactorily perform the field sobriety tests. It is unknown whether he submitted to a breath or blood test following his arrest, as required under California's implied consent law, however it appears that he submitted to at least one test since prosecutors have alleged that he was driving with a .08 or higher BAC.
The felony charge is the most serious count that Hall is facing. Conviction of the felony child abuse count could result in 6 state prison sentence. Even if he can successfully defeat the alcohol DUI charges, it will be difficult to obtain an acquittal or dismissal of the felony child abuse charge. Whether Hall was driving impaired or not, there are eyewitness who observed his child sitting in his lap and unrestrained at the time he was driving. The case will be prosecuted by the Los Angeles County District Attorney at the Burbank Courthouse.