A boy who was found wedged behind the driver's seat of his mother's car during a traffic stop for driving under the influence now has been found in the backseat of his father's vehicle during a similar traffic stop.

Jesse Faraci, 25, was charged Wednesday with DUI with a minor present, a Class A misdemeanor, driving under suspension, a Class Bmisdemeanor, and driving without liability insurance, a Class B misdemeanor. According to court documents, Faraci has been convicted twice before for driving without liability insurance, and the most recent conviction was in Bismarck in February.

The boy is the child of Faraci and Sarah Gwin, 26. Gwin pleaded guilty in December 2006 to abuse or neglect of a child, a Class B felony, and driving under the influence with a minor present, a Class A misdemeanor.

Mandan Police Detective Jon Vanderhoef said he saw Gwin driving erratically while going home on Aug. 21, 2006. He called in a patrol officer, who stopped Gwin.

The officer found the then 8-month-old boy wedged behind the driver's seat, between a large liquid detergent bottle, the front driver's seat backrest and the center console armrest. Gwin refused a blood test to determine her blood alcohol content, but the officer recognized the odor of alcohol on her and noticed several open cans of beer and an open bottle of vodka in the car.

Vanderhoef said Lt. Chris Miller saw Faraci's vehicle traveling erratically on the 400 block of First Street Northeast at 1:50 a.m. Wednesday.

The vehicle failed to make a complete stop at Collins Avenue and nearly hit several traffic cones in the downtown construction area, Vanderhoef said.

Miller pulled over Faraci and found the 1-year-old boy in the backseat, Vanderhoef said. He said the boy was in a child restraint device.

Vanderhoef said the boy was turned over to the custody of Burleigh County Social Services on Wednesday. Faraci remained in the custody of the Morton County Correctional Center as of Wednesday afternoon.

Gwin currently is serving a sentence of three years with two years suspended as imposed by South Central District Judge David Reich in February. The sentence will be followed by three years of supervised probation.

Gwin also received traffic citations for open receptacle and operator failed to provide child restraint device. She must pay fines for those offenses. She also must pay $150 in fines for driving without liability insurance, a Class B misdemeanor.

(Reach reporter Jenny Michael at 250-8225 or jenny.michael@;bismarcktribune.com.)