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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience:  25 years experience as practicing attorney
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Hi, I drove my car with 3 kids in it, I was drunk, hit a mailbox,

Resolved Question:

I drove my car with 3 kids in it, I was drunk, hit a mailbox, no one Thank GOD was hurt. very minor damage done to my vehicle and the mailbox. Police came to my house (I fled the scene) I wasn't issued a ticket or arrested. I went to the hospital by the policeman' s order. My blood test came back 2.8 Yes I have a drinking problem...CPS got involved.....I have been sober for 31 days. I went to seek counseling for addiction... approx. 10 days after I made my apt before CPS came and talked to me! She gave me no guidance and no plan of what to do next....CPS came again to meet one more time with me aand husband and Mom in law... All went well...There were a few things that were said that caused red flags of untrust on my end to both her and the councler that I saw. Things started to get twisted. I have laid evertythin g out and on the table for both of them and have sought more help without anyone telling me too....She had asked me if I was willing to do a alcohol test. ALL my GUT said NO> It wasn't because of drinking etc. It was ALL because I don't TRUST her. She told me she couldn't force me, but it wouldn't look good. I have nothing to hide but with false positive results etc and again I do not trust them 100 % I choose not to.....BIG MISTAKE!!!! the next day she called my husband and told him I have been elevated a level, I should be removed from the house and that if I am caught with my kids in car they weill ommmediatly go into foster care!!!! I have tried to contact her via phone and email approx. 4 times yesterday. she hasn't responded, she again called my husband's phone I immediately called back, he left message no response. I had offered to do breathealizer etc wherever however. I wasn't informed on what would happen if I didn't take that test that day..........
So ? is do I need a lawyer? or what can I do now?
Submitted: 2 years ago.
Category: Family Law
Expert:  Dave Kennett replied 2 years ago.
-Could you explain your situation a little more?
Is the only issue at this time being able to have your kids in the car?
Are there any other restrictions?
Customer: replied 2 years ago.

She is trying to tell my husband that I need to be removed from the house and yes if I drive my kids anywhere they will go into fostercare immediately.

Expert:  Dave Kennett replied 2 years ago.
Dear JACUSTOMER - I certainly understand your fear of trusting the CPS person since they have a way of being very aggressive. The problem is that they are difficult to control and the courts give them a fairly wide leeway to do as they please. So when you do not cooperate they get very vengeful and make life even more difficult. Obviously, if you were driving with your children while intoxicated the court is not going to by very sympathetic if you ask to be allowed to have the children in the car. Removing you from the house is a bit drastic since I see nothing from your facts that would show you have presented a danger to your children at home. The only suggestion I have that might work as far as being able to drive would be to see if CPS would agree to having an interlock device installed on your car which would test you fro alcohol before you could start the engine. Other than that it may be necessary to not drive your kids anywhere until you can demonstrate that you have the alcohol problem under control. I'm not certain that a lawyer would be able to get the court or CPS to change their position on the driving however if CPS really tries to force you out of the house then I believe a lawyer would be helpful as this seems to be beyond the authority of CPS if you have presented no danger to your children in the home and have taken steps to resolve your addiction. At this point I believe your money would be better spent on getting the proper treatment than hiring a lawyer to fight CPS. It will cost a lot of money in legal fees and unless the issue becomes moving out of the home I really see no chance of getting CPS to waver on their decision about the kids being in the car.
Customer: replied 2 years ago.

thank you...I can andf have had people helping, but for CPS NOT to tell me that this was going to take a horrible turn, I was lead to believe that if I get help we can close this out after CPS talks to my thearipist next I am SO mAD, . Thank you agin I feel alittle better, especially about the home thing. I keep looking out my window to see if she's stalking me LOL

Expert:  Dave Kennett replied 2 years ago.
Yes, I understand. These people can be ruthless so the best plan is to try to cooperate and definitely do not drive the kids until you make certain you have some type of permission in writing. Don't trust anything anyone tells you verbally. Thanks for using our service - Dave
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience: 25 years experience as practicing attorney
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