JEFFERSONVILLE, Ind. (WISH) — A Jeffersonville, Indiana, man has been arrested for operating a vehicle while intoxicated with a 1-year-old infant in the vehicle.

On Nov. 12, around 9:30 p.m., an Indiana State Police (ISP) trooper stopped by a vehicle driven by Garrett Smeloksy, 33, of Jeffersonville, near the Interstate 265 10th Street exit for failing to yield to emergency vehicles working a crash and for speeding. Smeloksy’s vehicle allegedly sped past ISP troopers, as well as a wrecker driver, as they were investigating a collision between a car and a deer in the median of I-265, just east of I-65.

Indiana’s move over law requires driver to either change lanes to an adjacent lane or slow down to 10 mph below the speed limit if they cannot change lanes safely when passing any stationary vehicle with flashing lights on the side of the road. This applies to emergency vehicles, highway maintenance, tow trucks, utility services vehicles, and disabled vehicles.

During the stop, Smeloksy allegedly displayed signs of impairment. Based on the stop and investigation, troopers obtained a search warrant for a blood sample. A 1-month-old infant was in the back seat of the vehicle during the incident. The child was unharmed and was released to a family member.

Smeloksy was transported to the Clark County Jail, where he has been booked on preliminary charges of Neglect of a dependent, operating a vehicle while intoxicated with a passenger under 18, and operating a vehicle while intoxicated endangering a person.

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