LUBBOCK, Texas (KLBK/KAMC) — A Texas man accused of letting his 13-year-old stepdaughter drive them to get ice cream is facing charges.

Javier Martinez-Aguilar, 42, of Lubbock, was indicted on a felony charge of endangering a child and criminal negligence Tuesday.

On Sept. 9, a police officer pulled over a 13-year-old girl driving an SUV. A police report said Martinez-Aguilar was in the passenger seat.

“She was driving her stepfather to get ice cream because he was drunk,” the report said.

Police stopped the girl because she failed to yield the right of way to a police vehicle, which nearly crashed into Martinez-Aguilar and the girl, according to the report.

Martinez-Aguilar was so drunk he had trouble getting his license out of his wallet, the report said. He was charged with criminal negligence and child endangerment and booked into the Lubbock County Detention Center.

The girl’s sister came to give her a ride home, and Martinez-Aguilar later posted bond.