Colorado Probation Revocation

[WGW1]

My Ex is on probation for a 1st DUI (really her 3rd but they didn't find the priors in MN) but a BAC over .20. The PO allowed her to move back to Minnesota with my kids in Jan but she still reports to Colorado PO. After hearing she was drinking all night with strange man in the house with my kids, for the second weekend in a row; I call the police and asked them to do a well check, and informed them of probation. When the officer returned my call he told me that he didn't take her to jail because my daughter16 was able to care for my son11 but had both kids been younger he would have removed them. This tells me that the Ex was drinking and it should be noted in the police report. Is that police report (If it states that the officer thought she had been drinking of similar) enough for the PO to consider revoking her probation, even though she was not charged?

 

[dave33]

It is enough for a technical violation if one of the stipulations of probation was no booze. It sounds very likely that it could be a technical because of the charge.
It may also open a case with child services so be careful. goodluck.

 

[WGW1]

Technical Violation?

Thanks for the help Dave. I will just have to wait and see what the report says. I am praying that there is more there than just the officer saying he went and did a well check at address for a crazy Ex.

If the report says anything about her appearing, smelling or admitting to having drank even a small amount, is that enough for a Technical Violation?? (I know from talking with the kids that she had been drinking since 6PM and it was 1:30AM when police arrived)

I am trying to build my custody case and if she got violated on her probation, I think it would be a big help. I am sick of dealing with her bad judgement and alcohol use in front of my kids. Everything I've tried so far has done nothing but cost me money and she has gotten off with little or not consequence. Frustrating!