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DUI question

LevinaFia23's picture

I would have posted this in the family court forum but since it's criminal court specifically may not fit there.

One thing about these secretive bio parents you really don't know what's going on til it's too late unless you research. So 2021 we found out too late that SS was not under BMs care for 6mts straight bc her case was moved to another county. Ever since she's officially lost primary and we now have it and she gets EOW so custody flipped. 

Ever since this has happened I've been doing random court checks and wow Ever since 2021 and the custody change she's been in court well over 10 times up to now. She is currently pending 3 court cases with 2 cases one in June and another in Aug all related to a DUI from last Nov. It just seems everytime I check there's a new court case for her. It's ridiculous really. Idk if she's spiraling or if she's always been like this and we never knew til now that I'm checking here n there now. My vent is basically what in the heck is going on with this corrupt court system that is her county??? How can someone be in court this many times and still not be locked up??? Of course she doesn't ever mention her court dates. She thinks we have no clue bc we don't bring it up. I'm trying to stay on too of it so we're not blindsided like back in 2017 bc if we knew we'd definitely had done something about it right away.

If she ends up getting locked up for this DUI we will get this back in court asap. Has anyone dealt with this?? She's on her 4th continuance for this case. I'm so confused is this how DUI cases work? I looked it up and I'm seeing 90days but it's been since Jan and it's moving to Aug idk and then how do I know if she's in jail bc she could have gone and just having court dates idk but we don't want to be blind sided and just sending SS9. He doesn't tell us anything even with us being primary for 2yrs. Hm maybe we just wait until she doesn't show up. If anyone's dealt with an ex that's had a dui how did it go?

classyNJ's picture

Received a DUI with at fault accident on fathers day last year.   Yup, my poor DH answered the phone at 5:30 am because the call came from him number and low and behold it was the police department.  So you better bet your butt that that man is now planning a huge fathers day this year LOL

Anyway, his court date kept getting pushed out because of different factors.  His lawyer wanted more information, the blood test from the hospital took more than 2 months to get back, then the lawyer that was working on his case quit the day of his 3rd court appearance so had to be reassigned and rescheduled.  He was in court 4 times before his was convicted of DUI.

When you have multiple and if she has a lawyer, they maybe trying to get more info to knock down some of the charges.

LevinaFia23's picture

Okay thanks that makes sense. The first 2 continuance I didn't see a lawyers name and now she's had a lawyers name on her case lately so that makes since this lawyer maybe getting more information. I was wondering. With the dui she also received another case for driving with a revoked license from the dui so that's made it 2 separate cases. 

And wow on SS lol he really does owe him big time. That's so dangerous an accident happened wow. So he got bailed out? He was convicted? How long did he go to jail? I may have missed it or did your dh have a way to stop it from happening? That's good everything worked out for SS.

classyNJ's picture

SS25 works 2 jobs 6 days a week.  After his 2nd job (family restuarant) he had drinks with his co-workers and a girl texted him at 2:30 AM to drive 45 minutes to see her.  His dumb a$$ went after drinking. He fell asleep at the wheel and flipped his car onto a parked vehicle.  

He was taken to the hospital with minor scrapes and a banged up knee.  DH had to pick him up from there.

He didnt go to jail since 1st offense and there was no way that DH was helping him get away with anything!  He didn't pay for his lawyer or even help him figuring out the fines, etc.  DH had told him time and time again about not drinking and driving so he plays he pays.

Since he works so much, the judge did allow an ignition interlock system to be installed on his new car.  This surprised both of us since Jersey is really tough on drunk drivers. 

LevinaFia23's picture

He had a whole accident and hit a car and still got off omg. He is one lucky duck. With bm in and out of court and of all the things she's done in her life and to not spend anytime in jail is so crazy to me. But I'm guessing this dui may be her first offense and so she just may be lucky like that also. Just the year she lost her kids she was known to take shots before driving. Insane insane how she keeps getting away with things. After hearing this now I'm not gonna be surprised if after all this time of continuances of this dui case that nothing happens and she once again goes by saying nothing. I am happy for your SS bc he's young and has no kids yet but bm really needs to stop getting off the hook at some point when it comes to jail time. 

classyNJ's picture

to jail, but he didn't get off lightly.  If he brushes his teeth, he has to wait 30 minutes before he can blow into the machine to start his car.  Once a month he has to go get it calabrated and just one little trace of alcohol he looses his license completely and goes to jail for 30 days. 

He has spent over $3,500 in lawyer fees, $2,000 fine to the court, over $1,000 in license surcharges, had to attend drunk driving classes at $250 a class and $10,000 to buy a new vehicle.  He did pay all of this in full.  He makes good money at both of his jobs.  His insurance doubled since the parked car he hit was totalled.  We are hoping he learned his lesson.  He knows he made a mistake, but you never know.  Right now we can sleep at night and not worry, but once that machine comes off his vehicle, I know DH is going to lay awake when we know he is out.

Your BM will only learn if she hits rock bottom unfortunately.

LevinaFia23's picture

He had a whole accident and hit a car and still got off omg. He is one lucky duck. With bm in and out of court and of all the things she's done in her life and to not spend anytime in jail is so crazy to me. But I'm guessing this dui may be her first offense and so she just may be lucky like that also. Just the year she lost her kids she was known to take shots before driving. Insane insane how she keeps getting away with things. After hearing this now I'm not gonna be surprised if after all this time of continuances of this dui case that nothing happens and she once again goes by saying nothing. I am happy for your SS bc he's young and has no kids yet but bm really needs to stop getting off the hook at some point when it comes to jail time. 

justmakingthebest's picture

BM1 got a DUI the night before SS23 graduated high school. It took a year of continuances and hearings and counseling and blah, blah, blah to get her sentenced. 

LevinaFia23's picture

You're kidding. A year?? This did start in Jan and it's moving to Aug so that is possible in this case too omg wow. So when she got convicted how long was she in jail? What happened with custody? Was it affected at all?

Rags's picture

really don't, they seem to play the secret squirrel card just because they can.

Though never convicted, my SS's Spermidiot has a notable arrest record.  Statutory rape, gun violations, etc...  Sadly it is SS's younger sibs who are bearing the consequences of trying to live up to the Spermidiot's delusions of gangster wannabe greatness.  Spermidiot spawn #3 is in prison and #4 is not far behind his inmate elder brother.  #2 is on the dole.  Only SS-30 is a quality human being.

Trying to get the Judge presiding over the family law case to consider the criminal history of a parent can be a challenge.  It was for us and though there were some great Judge ass chewings of the Spermidiot, nothing tangeable came of his criminal idiocy.  The court continued to force SS into the presence of that POS.

The secret squirrel crap is not always just limited to court cases.  The Spermidiot moved across the US and the SpermClan never informed us.  SS continued to visit SpermLand for SpermClan visitation even though the Spermidiot was long gone for about 2yrs.   We did not learn of it until he had returned to SpermLand.

Had we known, we would have been all over them like flies on the shit that they all are, insisting that visitation be with BioDad instead of whoever he was dumping SS with on the opposite coast to where Spermidiot was living for that two years.  The SpermClan and the SpermLand Courts always knew where we were living.

Which is why these types like to keep secrets.  So they can manipulate for their own benefit insead of what is in the best interest of the Skids.

Though secrets almost always come out in the end, much of the time the Judge will just shrug and write it off as being in the past. Which is infuriating for the side that follows the rules. This is what the Judges in our cases always did.  Slap on the hand, it is in the past, move on.  Nope, we kept rubbing everyone's noses in the stench they caused including the Judges, lawyers, etc.... They may not have done anything with the facts, but we made sure they knew the facts that they were choosing to ignore.  Not necessarily a great thing to do with a Judge, but it worked for us.

Their crap motivated us to adjust how we dealt with things under our CO. Rather than work with them and accomodcate changes, we just told them what they would do and when they failed to do that, we made it painful.  We knew the CO completely, along with the supplemental county rules, State regulations, SpermClan legal and criminal histories, etc.... We used it all to protect SS's best interests as we determined his best interests to be.

Since there was no evidence that anyone else was protecting him. Including the SpermLand courts.

 

LevinaFia23's picture

What in the world??? Omg that is terrible and exactly what I've been guessing but hoping not to be true. Omg wowowowow. He was away for 2 years and no one knew? Right so secretive and constantly getting away with it and it seems court do nothing but slap on the wrist.

The case where her kids were taken from her the whole process was hidden from us and the other dads til 6mts later after thr case was finally transferred out of that corrupt county. The county it transferred to found all her past records and shared them with our lawyer. Our lawyer said her history is very thick and it's amazing how she's not in jail by now. With hearing about your ex it's even worse. What craziness. Has he ever spent time in jail and did it ever affect the CO?

Now that SS9 is in our Care primarily I have to say that is a big win thanks to that other county. It's incredible how bms county really plays everything she does down. She knows ppl and relatives in her county so strings are being pulled also that county is very slack bc alot of crime happens out there.

I'd have to agree that where we can make changes since we're primary if she asks the request is usually denied. She tries to adjust it anytime she can and fortunately can no longer dangle SS like a pawn anymore. I'm looking to hear IF she ever goes to jail would there be anything we could do. Has he gone? Did the kids still have to go there? That's great that the skid you all had turned out okay. SS9 is doing grear ever since leaving in 2021. He has all As this year just like last yr with us and he's like a different kid having so much less time with bm. He still has his ways here n there but for all he's been through I'm pretty proud of him. Just a bit odd he doesn't share anything still to this day. He's still very scared of her for sure but with him being with us most times I thought we could know. I have a feeling she's been evicted and they're somewhere else...idk.

Rags's picture

He never spent time in jail other than for a few hours when he was arrested.  It had no real impact on the CO. The original Judge did not care.  It did provide some entertaining periods during every court hearing we had though.  Having him stand in front of a Judge, his friends, family, and our side while the Judge called him every name in the book pointing out his stupidity was always enjoyable from my perspective.

Diablo

Though the same Judge an hour later would comment how "any child would be blessed to have the love and support of this fine family".  I had to be admonished more than once when the robbed dipshits would pull that crap.

Which is it? Is he a POS idiot, or a fine man participating in a fine family that any child would be blessed to have the love and support of?  It can't be both.  But basic intelligence is not a requirement to be a Judge since they seem to usually come from the bottom 10%ers of the legal profession more often than not. At least those who preside over family law cases.

Your experience with the BM's county courts parallels ours with the SpermLand county courts. Since the courts in SpermLand county had jurisdiciton and we were residents of another State the local courts where my SS's BioDad (the Spermidiot) lives were extremely bias towards him even though he is a serial statutory rapist, is a known gang affiliate and socializes with gangbangers and prison convicts, has gun violation arrests, etc....

Yet, the SpermLand county courts forced children to be with him.  That two of his children resulted from his perpetration of statutory rape on minor girls, my SS included, has no sway over the idiots in the black Harry Potter robes slinging the wooden Fisher-Price toddler hammer ruling on the lives of children.

It took finding a shark attorney who would battle not only the SpermClan's idiot lawyer of the moment but also the idiot Judges on the SpermLand county bench.  Every hearing we would go in with file boxes full of documentation, facts, telephone recordings, etc.....  

We would present our side, they would cry and say we were lying, we would play recordings, present arrest records, etc, etc, etc......... proving that far from lying, we were presenting the absolute facts.  They hated that. The Judge hated it as well but had little choice but to at least keep the awarded visitation time in the lower range of the visitation standards.  Where we took the biggest hit was on CS.  for 11 years it was a pittance.  But, we never needed the money.  They begged us to waive CS and nearly continously guilted SS to pressure his mom to waive CS. Our position was that the CS payments were proof that the SpermClan at least cared enough about SS to help support him. Though in reality they never gave a shit about our kid.

I hope you can leverage the DUI and exhaustive court/arrest records to keep BM under her rock and the hell out of your Skid's life and the lives of  your family.

Good luck.