Two DUIs in three months and took my child

[KconleyK15]

What is the name of your state (only U.S. law)? Maryland


I am just asking what to expect for my ex who has court next week on two different days for two different DUIs, in a three month span.

Currently she is withholding my daughter from me. I have my daughter primarily and have for 3 1/2 years. After her DUIs I filed for a modification to get protection in our agreement against her driving. Last week she tooled my daughter from her teeball game and won't return her. Our court date isn't for two more weeks, she has made my daughter miss school, it's PreK but through the county so the county treats attendance as kindergarten.

Anyway with her withholding. I want to get an idea what will happen to her in court next week. Hoping she gets jail time then I can show up at her parents house and get my daughter back.

She got DUIs in the same county in a three month span, and has one other one 6 years ago.

She has four kids, my daughter who I generally have primarily, an older son whose dad has him and two twin boys that she is responsible for. Can she play the only person who can take care of the twins and get out of jail time?

I know I don't know specifics if how much she blew etc, just looking for anything to ease my mind about my daughter.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Maryland


I am just asking what to expect for my ex who has court next week on two different days for two different DUIs, in a three month span.

Currently she is withholding my daughter from me. I have my daughter primarily and have for 3 1/2 years. After her DUIs I filed for a modification to get protection in our agreement against her driving. Last week she tooled my daughter from her teeball game and won't return her. Our court date isn't for two more weeks, she has made my daughter miss school, it's PreK but through the county so the county treats attendance as kindergarten.

Anyway with her withholding. I want to get an idea what will happen to her in court next week. Hoping she gets jail time then I can show up at her parents house and get my daughter back.

She got DUIs in the same county in a three month span, and has one other one 6 years ago.

She has four kids, my daughter who I generally have primarily, an older son whose dad has him and two twin boys that she is responsible for. Can she play the only person who can take care of the twins and get out of jail time?

I know I don't know specifics if how much she blew etc, just looking for anything to ease my mind about my daughter.

Are there any court orders? Were you granted custody by a court order?

 

[FlyingRon]

As you were told in the other forum, it's EXTREMELY unlikely she's going to get jail time. You better come up with another strategy in your custody battle.
There's no mandatory jail time for first offense DUI in Maryland. What she's likely going to get is a $500 (plus costs) which could go up to $1000 if the child was in the car and a six-month suspension for each offense. She doesn't get the "second offense" penalties (which include mandatory jail time) unless she had committed the crime AFTER the previous CONVICTION.

 

[KconleyK15]

Are there any court orders? Were you granted custody by a court order?

Yes there is an agreement signed by judge three years ago. It is hazy about spring break but it clearly states I get 2 pm on Easter. So I can't do anything till tomorrow, but she told me they won't be there tomorrow. Cops I called said they would come and make her enforce the agreement however my lawyer says that isn't true.

I'm baffled and scared for my daughter

 

[CJane]

Is she withholding her from school, or are they on Spring Break?

 

[KconleyK15]

Is she withholding her from school, or are they on Spring Break?

Currently on spring break, so I know I could do nothing the last several days. I didn't before say that they just took her, they threw her in the car and sped off after her last teeball game. Not talk of spring break just took her and sped off.

Easter at 2 it says I get her, she has said in the only text I have received she will not be there at 2. It's a court order and I am listed as the primary custodian and have tie breaking legal ability.

I'm getting maybe two minutes of phone time with her a day and she is sick and she isn't giving updates.

 

[CJane]

Currently on spring break, so I know I could do nothing the last several days. I didn't before say that they just took her, they threw her in the car and sped off after her last teeball game. Not talk of spring break just took her and sped off.

Easter at 2 it says I get her, she has said in the only text I have received she will not be there at 2. It's a court order and I am listed as the primary custodian and have tie breaking legal ability.

I'm getting maybe two minutes of phone time with her a day and she is sick and she isn't giving updates.

So, basically, unless Mom missed the 2pm Easter drop off, she's done nothing wrong. She doesn't have to "discuss" Spring Break with you, if she has Spring Break, she's well within her rights to pick the child up from her game and take her for the break period. And using phrases like "sped off" in a clear attempt to make it sound like Mom was absconding with the child for her ORDERED TIME won't help you out in court or here.

Unless the order specifies that you get to talk with your daughter on the phone for a specific amount of time, 2 minutes per day is more than Mom is required to let you have when kiddo is with her. Daily health updates are also not required unless specified.

So. Did Mom miss the Easter drop off?

 

[KconleyK15]

So, basically, unless Mom missed the 2pm Easter drop off, she's done nothing wrong. She doesn't have to "discuss" Spring Break with you, if she has Spring Break, she's well within her rights to pick the child up from her game and take her for the break period. And using phrases like "sped off" in a clear attempt to make it sound like Mom was absconding with the child for her ORDERED TIME won't help you out in court or here.

Unless the order specifies that you get to talk with your daughter on the phone for a specific amount of time, 2 minutes per day is more than Mom is required to let you have when kiddo is with her. Daily health updates are also not required unless specified.

So. Did Mom miss the Easter drop off?

I can't win, with her getting caught and in trouble for drinking and driving, two dui's she has completely gotten off on now

Hi xxxxxx,
I certainly understand your frustration, but unfortunately there was no way our office could proceed with this case. It was an unlawful stop from the very beginning. It’s my understanding that several attorney’s in our office attempted to find a way around the bad stop to be able to proceed. Unfortunately there was not any case law to support them going forward with the case based on the facts of the incident. I am aware that she has another pending DUI. I will make sure this email goes into that file.

Thank you,
xxxxxxxxx

From: xxxxxxxxxxxxxxxx [mailto:xxxxxxxxxxxxxxxxxxxxxxxxxx]
Sent: Tuesday, April 18, 2017 10:27 AM
To: xxxxxxxxxxxxxxxxxxx
Subject: RE: Citation Number: xxxxxxxxxxxxxxxxxxx

xxxxxxx,

I know you can’t discuss specifics, but I was just told by someone else attending the case # in the subject and what we spoke about below, that it was Nolle Pross and dropped. She has another DUI case in the same court, xxxxxxx, on Thursday at 9am.

I am sorry to keep writing you but this is maddening to me, this is now the second DUI she has completely gotten off on, and she feels bullet proof and continues to drink and drive my daughter. I know this has nothing to do with your case, but last Wednesday she snatched my daughter, who I have primary custody of and took her. I can’t sleep at nights because I am worried about my daughter being in a car with her, and she keeps getting off.

It might be unprofessional, wrong, unethical or something but at this point I am a concerned Dad pleading for my daughters safety that Thursday doesn’t get thrown out. She is 5, and the happiest sweetest girl in the world, and she doesn’t know the danger when she climbs in the car with her mom. Civil courts won’t help me because she keeps getting off on all these charges, I am just pleading for my daughter and she has siblings so their safety that something being done on Thursday at her next dui case.

She won’t get help till she knows she isn’t bullet proof.


Please forward to anyone who can help, please

 

[Zigner]

She did not "snatch" the child

 

[KconleyK15]

She did not "snatch" the child

How so? I supervised a visit, when it was time for her to be in my car, she took my daughter and physically threw her in her car and drove off.

 

[not2cleverRed]

How so? I supervised a visit, when it was time for her to be in my car, she took my daughter and physically threw her in her car and drove off.

You might have a point, but *legally* you are addressing this all wrong.

You cannot beg the court to throw the book at Mom unless and until you are a party damaged by her driving. Your daughter has not been hurt while in the car with her Mom, and she wasn't in the car when Mom was charged, so you're coming off as a crank.

If Mom gets *convicted* of a DUI, you can perhaps petition the court to amend the parenting plan to disallow Mom from driving the kid anywhere if her license is suspended.

If Mom took the kid when it wasn't her parenting time, you can make a record of that. If she doesn't return the kid when she is supposed to, you can make a record of that. Eventually you can go to court and ask that t hey find her in contempt. You did not answer the question about Easter.

 

[KconleyK15]

So, basically, unless Mom missed the 2pm Easter drop off, she's done nothing wrong. She doesn't have to "discuss" Spring Break with you, if she has Spring Break, she's well within her rights to pick the child up from her game and take her for the break period. And using phrases like "sped off" in a clear attempt to make it sound like Mom was absconding with the child for her ORDERED TIME won't help you out in court or here.

Unless the order specifies that you get to talk with your daughter on the phone for a specific amount of time, 2 minutes per day is more than Mom is required to let you have when kiddo is with her. Daily health updates are also not required unless specified.

So. Did Mom miss the Easter drop off?

The wording for spring break is, in odd years (2015,2017 etc) the defendant gets to pick her half of spring, she must inform the plantiff of which half she picks no less than two weeks prior to spring break. If there is an odd day in odd years the defendant gets the odd day" She mentioned nothing to me of spring break or which half she picked, so yes she does have to inform me.

I got the child back at 6, I showed up at 2 at the pick up location (grandparents, where mom resides) and she was not there

 

[CJane]

How so? I supervised a visit, when it was time for her to be in my car, she took my daughter and physically threw her in her car and drove off.

Does the order specify supervision?

 

[Zigner]

...it's PreK but through the county so the county treats attendance as kindergarten.

What county is that? Maryland state law doesn't seem to agree with that.

 

[KconleyK15]

What is the name of your state (only U.S. law)? Maryland

Won't go into the back story, I have other posts on here if needed for that.

My Ex got two dui's in three months, one she got off Nolle Prosse because it was deemed an illegal traffic stop. The other she pleaded "Not Guilty By Means of Incompetence", according to case search a week before the trial something was filed with the term NCR next to it. The case is still Active.


Any idea what she could be claiming? She has a mental illness and couldn't understand her actions were wrong? Admitting she has an alcohol issue and needs medical help?

Just curious as we have a child custody matter at hand, and obviously if any of the above is true, it's a big deal for the safety of my child.