2nd DUI (ex husband)

[Jen-Y]

What is the name of your state? Fl

My ex husband was arrested in Feb w/ a 2 DUI the first was 10 years ago but the charge is 2nd DUI He was also issued a warrent for Violation of probation and was picked up on 10-5 and is in jail still with no bond he was driving on a work permit and was picked up after work hours but the charge looks like it is still just 1 VIOLATION OF PROBATION The court reports say on the 19th he has a PLEA MISD JAIL ARRAIGNMENT non- court what is that? will he be able to get out of jail?
also on the 29th he has a MISDEMEANOR ARRAIGNMENT in court HEARING what is the differnace in the 2 and could he get out on the 19th?

 

[moburkes]

Jen-y, just curious. Why do you care?

 

[Jen-Y]

I care because we have a child together and this child misses his father

 

[moburkes]

I care because we have a child together and this child misses his father

Then take him to visit him in jail. Your ex deserves some time in the clink for putting other lives at risk.

 

[Just Blue]

I care because we have a child together and this child misses his father

Oh please!! You have another thread going asking if you can move your child AWAY from his father ...You just want to know if he is going away for a while thinking it will facilitate you move.

 

[moburkes]

2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:

1. By a fine of:

a. Not less than $250 or more than $500 for a first conviction.

b. Not less than $500 or more than $1,000 for a second conviction; and

2. By imprisonment for:

a. Not more than 6 months for a first conviction.

b. Not more than 9 months for a second conviction.

3. For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person's sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.

2. Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $1,000 or more than $2,500 and by imprisonment for not more than 12 months. In addition, the court shall order the mandatory placement for a period of at least 2 years, at the convicted person's sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.

3. Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, the fine imposed for such fourth or subsequent violation may be not less than $1,000.

*********
The 10 years that you refer to appears to only appy for third and subsequent violations, not 2nd violations.

 

[Jen-Y]

baystategirl
this is true but regardless he will miss his father and who knows what will happen in 5 years
if I do move he will still see his Dad

 

[moburkes]

Oh please!! You have another thread going asking if you can move your child AWAY from his father ...You just want to know if he is going away for a while thinking it will facilitate you move.

Aw, damn. And, I provided the info she needs.

I knew something rang false about her statements.

 

[Ohiogal]

baystategirl
this is true but regardless he will miss his father and who knows what will happen in 5 years
if I do move he will still see his Dad

YOu are talking out of both sides of your mouth. If you care about your son having a relationship with his dad then you stay put until the child turns 18 and then you move whereever your heart desires. But you don't move your son away from his father.

 

[BigMistakeFl]

BigMistakeFl

I'm guessing that if the father stays behind bars and loses his work permit, etc; his ability to pay child-support will also be adversely affected.

 

[Sorrowful End]

That, and ex's are notoriously nosey about what their former spouses are doing.

I for one could care less if my Ex is having sex with a dozen women while swinging from the ceiling but when he owes over 23 grand in back support you damn right I care about what he is doing and his ability to pay! Once he pays my child what he owes HIM (and I consider it he owes HIM and not me because it was my duty to sacrifice for my child, as it was also HIS) he can go his way and I will merrily go mine.

With that said, Jen-Y, IF your child misses his father then you still must have some kind of contact with Dad, so why not visit the jail and ask him yourself? Or better yet, go to his hearing (they are public) and see for yourself what the situation is.

 

[moburkes]

I for one could care less if my Ex is having sex with a dozen women while swinging from the ceiling but when he owes over 23 grand in back support you damn right I care about what he is doing and his ability to pay! Once he pays my child what he owes HIM (and I consider it he owes HIM and not me because it was my duty to sacrifice for my child, as it was also HIS) he can go his way and I will merrily go mine.

With that said, Jen-Y, IF your child misses his father then you still must have some kind of contact with Dad, so why not visit the jail and ask him yourself? Or better yet, go to his hearing (they are public) and see for yourself what the situation is.

What does your ex owing you money have to do with the OPs question? The OP never mentioned that she was concerned about money, or that she considered it an issue. So, what was your point?

What is the name of your state? FL

My husband and I are wanting to move to GA in about 5 years or less will it be possible??
My ex husband was arrested for a (2nd)DUI in Feb I just found out and he was arrested on Oct 5th also for Violation of probation and possibly another DUI he refused to
blow any how he has been driving w/ my son on the weekends with a work permit only
Our divorce papers say he is to get him every Thursday and every other weekend He has given up his Thursdays since the end of May I am the primary residential parent in the papers also
He is behind in child support about 15 grand and will be behind even more now with his legal mess he is in for his drinking problem
what steps can I take now to be able to move and whats the possibility of being able to move?
thanks for anyone help
Jen

And, considering, as was referred to above, that OP is NOT concerned about her son missing his dad, I doubt she is going to facilitate the visit, as you suggested.

 

[Sorrowful End]

What does your ex owing you money have to do with the OPs question? The OP never mentioned that she was concerned about money, or that she considered it an issue. So, what was your point?

Well in what you just copied and pasted from another thread by the OP money IS a factor in her thought processes. My point was to Curt581's comment (which I quoted) saying that Ex's are NOTORIOUS for being "nosey" about their Ex's to which I was responding that "Ex's" aren't always "nosey" in requesting information and guidance about their "Exes" but merely looking out for the child's interests (I cannot say if this is/isn't Jen-Y's motivation or not)

And, considering, as was referred to above, that OP is NOT concerned about her son missing his dad, I doubt she is going to facilitate the visit, as you suggested.

I never suggested she facilitate anything between the child/father...I said SHE should go visit and ask the Ex herself what the situation is and/or attend the hearing. (Reading through the thread again to see who DID suggest jailhouse visits between father/child it appears as if it was you )

 

[moburkes]

Well in what you just copied and pasted from another thread by the OP money IS a factor in her thought processes. My point was to Curt581's comment (which I quoted) saying that Ex's are NOTORIOUS for being "nosey" about their Ex's to which I was responding that "Ex's" aren't always "nosey" in requesting information and guidance about their "Exes" but merely looking out for the child's interests (I cannot say if this is/isn't Jen-Y's motivation or not)



I never suggested she facilitate anything between the child/father...I said SHE should go visit and ask the Ex herself what the situation is and/or attend the hearing. (Reading through the thread again to see who DID suggest jailhouse visits between father/child it appears as if it was you )

Yes, you are correct, in the OTHER thread she mentioned the money, but not the OP (original post on this thread) that I referred to in my statement to you.

I will rephrase my 2nd response to you, since I didn't word it clearly: How does her child missing his dad have anything to do with her going to visit him at the jail? What is that supposed to accomplish? How would that help that her son misses his dad?

 

[BigMistakeFl]

BigMistakeFl

Bingo!

I thought I smelled money in there somewhere.