Mother on probation, can't adopt child

CHEEKTOWAGA, N.Y. (WIVB) - A Utica mother of three has been shown leniency, after driving drunk with her children in her car.

Jolie Norse, 43, had pleaded guilty as charged with aggravated DWI, making it the first Leandra's Law case.

Aggravated DWI, even in the first offense, can be punishable by up to four years in prison.

But in giving Norse five years probation, State Supreme Court Justice Penny Wolfgang considered the fact that the woman's father was on his last breaths at Strong Memorial Hospital in Rochester, when she put her kids in the car and drove out to be with him.

Norse's three children and one foster child were in the car, ranging from 15 months to five years old.

It was Christmas Day and Norse had been drinking.

Nobody was injured in the incident.

Judge Wolfgang noted that Norse had no prior run ins with the law.

Wolfgang said Norse had used extremely bad judgment but showed her leniency because of her exemplary record as an adoptive mother. Norse will not be able to adopt the fourth child as result of the felony conviction.

Norse's attorney Ray Sciarrino gave an impassioned plea to the judge, saying that she has already been punished because she can't adopt the fourth child.