Charged: After woman found slumped over wheel, officers located pot, pills, a 4-year-old inside van

WAUKESHA COUNTY -- A Milwaukee woman is accused of driving under the influence of marijuana with a four-year-old child and a glass container filled with marijuana in her vehicle.

42-year-old Kelly Smith of Milwaukee faces one count of possession of THC, second and subsequent offense, one count of operating a motor vehicle while intoxicated, second offense with a minor child in the vehicle and one count of misdemeanor bail jumping.

According to a criminal complaint, on February 18th around 8:00 p.m., police were dispatched to the area near Meadowbrook Road and Rolling Ridge Drive in Waukesha for a report of a person passed out behind the wheel of a vehicle. A passerby observed a woman slumped over the wheel of her blue minivan -- which was reported to be in the roadway and running.

When police arrived on scene, the complaint says they found Smith slumped over the wheel -- passed out. Officers found a child sitting in a car seat in the middle row of the van. When officers knocked on the window, the complaint says Smith "acted startled" and moved into an upright position. When she rolled down her window, the complaint says officers could detect a faint odor of marijuana coming from the vehicle.

The complaint says Smith lit a cigarette immediately and smoked it heavily, so officers could no longer smell marijuana. Smith told officers she was having vehicle trouble and was waiting to meet someone. Officers noted she was stopped in the middle of a right turn only lane at an intersection. The complaint says Smith was unable to explain what her car trouble was, or who was picking her up.

Prosecutors say when asked about the child in her vehicle, Smith said it was her four-year-old child. The child was later identified as Smith's granddaughter.

Field sobriety tests were performed at the scene. A preliminary breath test indicated a result of 0.00 grams of alcohol per 210 liters of breath.

Based upon the field sobriety tests, and the fact that it appeared as though Smith was falling asleep while standing as officers evaluated her, it was believed she was under the influence of a controlled substance. She was arrested for operating while under the influence of a controlled substance -- and her minivan was then searched.

The complaint says investigators found a prescription pill bottle with the label torn off in Smith's purse, containing several tablets of "Diclofenac Sodium." Officers further detected a strong odor of fresh marijuana emanating from the vehicle, and found a glass jar with blue paper towel stuffed inside. A baggie was found inside, containing a brown/green leafy substance that tested positive for THC.

Smith was taken to the hospital for a drug evaluation. An officer determined Smith was under the influence of a "narcotic analgesic" and unable to drive. A blood sample was taken and sent to the Crime Lab for analysis.

The complaint makes reference to a 2016 case out of Milwaukee County filed against Smith in which she was charged with OWI with a minor child in her vehicle. In that case, Smith posted $500 signature bond in November -- with conditions including absolute sobriety and no use or possession of controlled substances.

The complaint also notes a conviction in 2003 in Waukesha County for possession of narcotics.

Smith made her initial appearance in court in this case on February 21st. A hearing was scheduled for February 24th and cash bond was set at $2,500.