A one-year old child was ejected from a van that he was traveling in when he wasn’t properly restrained in a child safety seat.

It happened around 1:20 a.m. on Sunday, Sep. 1 on eastbound I-80/94 just past the Burr Street exit when a 2002 GMC cargo van driven by Larry Lathan, 38 of Chicago, Illinois, went off the roadway. The van rolled over at least one time before coming to rest upright in a ditch.

The one-year-old, who was not properly restrained in a child restraint at the time of the crash was ejected from the van, according to Indiana State Police.

Both driver and child were taken to North Lake Methodist Hospital in Gary. Lathan was being kept for observation and a consensual blood draw was done. The child was later taken from North Lake Methodist to Comer Children’s Hospital in Chicago.

Lathan was cited for Operating While Intoxicated-causing serious bodily injuries and Neglect of a Dependent.