Felony DUI, Drugs, Child in car

[shaggin]

In Nevada. My ex husband whom I share 50% custody of our 10 year old was driving with my son in the car and arrested. My son had to spend the night in a detention center and was very tramuatized until I could fly up to get him. I was able to get the first page of the police report and he was charged with Felony DUI, possession of marijuana for distribution, possession of marijuana less then 1 oz., 2nd Dui (actually third in 7 1/2 years), reckless driving, open container, speeding +21, unsafe lane change and child endangerment. Is the DUI a felony because my child was in the car and will he have to serve time under the minimum sentancing standards as if it were a 3rd DUI (min one year)? His arrainment is on the 18th, does anyone know how much time he should he get? He also has a prior felony conviction for selling meth. that he did 6 months for. I had already filed for sole custody, this will make it so much easier. The last time he was arrested he jumped bail for 8 months and he his a flight risk, is there any problem with me sending the DA a letter informing him of his past criminal activity in CA and Oregon and to tell him how tramuatized my son is and to ask that the DA consider his past and my childs best interest when prosecuting him?

 

[seniorjudge]

I would spill my guts to the prosecutor.

Of course, he will want to know exactly why you allowed this child to be around this guy since you knew of the scumbag's history.

You may have this child taken from you.

 

[Alchohol_Free]

Yep!

You're both in big trouble. It's very possible you'll lose your son.

Your ex is going to get slaughtered. And there's nothing an attorney can do about it. DUI and drugs are just about the 2 worst crimes you be charged with these days.

He's charged with a felony DUI either because it's his 3rd and/or there were children in the car.

But looking at the charges laid on this guy. You'll be lucky if you can get out of this unscathed.

 

[shaggin]

Believe me I have tried to get full custody. I even found meth at his house and took it to the police before and they did nothing. I went to social service and they interviewed him after two suspected child abuse reports were filed and they did nothing, Social services report even stated that he allowed my 16 year old daughter to drink beer, you know he wrote in the report "advised father to keep beer drinking to a minimum". My attorney prior to this happening said i have to allow him some custody or it won't fly. Even now my attorney said he must be offered some visitation, although it will be no overnight and supervised and he will have to submit to a drug test prior to seeing him. It is not easy to change custody without major proof, which I did not have until now. Can you believe the social services report is not even allowed to be introduced as evidence in CA.

 

[seniorjudge]

"...I even found meth at his house and took it to the police before and they did nothing...."

And you let the kid go back?

I would have gone to prison before I would've let a kid go back into a meth house.

 

[shaggin]

I would have been charged with contemt of court for violating the settlement agreement and what good would it do to have my son in a foster home? He has a very good attorney and at the time when the agreement was signed I could not afford one. I had been to three attorneys and they all said the same thing unless I had something more recent it was going to be an uphill battle and he would get some custody.

 

[seniorjudge]

I would have been charged with contemt of court for violating the settlement agreement and what good would it do to have my son in a foster home? He has a very good attorney and at the time when the agreement was signed I could not afford one. I had been to three attorneys and they all said the same thing unless I had something more recent it was going to be an uphill battle and he would get some custody.

Who pulled the child from your arms?

 

[shaggin]

an inept justice system that protects the criminal and social services that told me "if we pulled every child out of a home where the parent used drugs there would be no children in homes".

 

[seniorjudge]

an inept justice system that protects the criminal and social services that told me "if we pulled every child out of a home where the parent used drugs there would be no children in homes".

I cannot argue with that!

 

[shaggin]

So everyone knows how bad the justice system is. Child endagerment charge was dropped. He was sentanced to a treatment center so he could get better instead of jail. They separated the drug charges so he still has to go to trial but prosecution told me they will plea it down and he will get probation. I do now have full custody by order of court until mediation, and he had the balls to ask for full out of state custody, so we will have to go through an expensive evaluation. What a wonderful system.