My former daughter-in-law, who shares joint custody of their three children with our son, was arrested for dwi with all three children in the vehicle with her. Family court temporarily left the current permanent divorce orders standing with the provision that the kids' mother attend AA meetings, get rehab, wear a SCRAM bracelet, and have an interlock device installed on her car. The arrest came as the result of an Accident, so her temporary car had the interlock installed, but now that her regular car has been repaired, it does not have the device on it. She only drives the temp car when she thinks any of us will witness her driving the kids around. Since the ex daughter-in-law never signed off on the temporary orders, is there any way to keep her from driving these children around illegally? She also has a prescription drug problem and more than once since the dwi arrest have we witnessed her in an impaired state with the children with her. Thanks for any help you can give. BTW, her breathalizer tests were .27 and .28 in that order on a Sunday afternoon at about 1:30.
Has she been convicted yet or is the case still pending?
DWI case is still pending, she has been indicted. Custody case should go to a final sometime in late February or March. We're just interested in protecting the kids since this is #2 for her.
Thanks for the additional information.Since driving with the Interlock is a condition of the family court's order, if you have actually seen her driving the other vehicle, you can notify the court that she is in violation. If being sober is a condition, you can also notify the court that she is in violation of that provision. Your son can also request that the order be modified in the family law case to protect the kids.In addition, you can contact the clerk of court where her case is pending to find out her bail status and what, if any, conditions were placed on her bail. For a DUI case, abstention from illicit substances is usually a condition. Once you know what her conditions of release are, if you have information that she has violated any of those conditions, you can either notify her pre-trial supervisor (if she is on pre-trial supervision--it is like probation but as a condition of bail rather than sentencing) or the judge who placed her on bail. If the judge finds she has violated the conditions of release, he can revoke her bail or place her on home monitoring or something else to ensure that she is not driving around while under the influence.
8 years of legal experience, including traffic law
Thank you for your help and the information. It will be of great help.
No problem...good luck to your family.
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