My daughter was “abducted” by my ex. He is not her

Hi again.

Q: How can someone come into my property, take my child, hit me with a car and it’s not a crime?

A: There are a lot of possibilities where that would not be a crime. It depends on the facts. Under ordinary circumstances, what you describe is a crime. But if you were intoxicated (and I'm not saying that you were), then what you describe would likely not be a crime, and instead it would be viewed as the ex taking action to take care of the child.

Q: What’s my best bet in beating this charge? What do I have to prove it disprove?

A: It sounds like the main thing is fighting the accusation that you were intoxicated. If possible, bring witnesses with you who saw that you had nothing to drink that day. I don't know what evidence the prosecutor has against you, of course, so I don't know if a police officer is going to testify that he smelled alcohol on your breath (or something else along those lines). You wrote that "Also my daughter was returned to me that night so they obviously thought I was ok and not intoxicated," and that is a VERY good point. I would hammer on that over and over. I would also ask them why they didn't contact Child Protective Services if they were concerned.

Yes, it sounds like you should ask for a continuance. I strongly recommend getting an attorney if at all possible. You need to keep in mind that the prosecutor is trying to convict you of a crime ... so he absolutely wants you to fail. He will not put the other police officer on the stand specifically because that officer's testimony does not fit his version of the story.

Wow, that was incredibly fortuitous!

Again, hire an attorney. If that is simply impossible, then yes you should subpoena the officer who said that you were not impaired. You should request discovery ... that will give you the evidence that the prosecutor is basing the charges on. You may also want to contact the prosecutor to inquire about a plea deal. Sometimes arrangements can be made whereby the defendant is on probation for a period of time (e.g., 6 months), and then after probation the charges are dropped (i.e., no conviction). Agreeing to something like that removes the risk, and so it would be worthwhile.

I hope that helps. Please let me know if you need further clarification, and please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)