Alcohol & Drugs: DUI, DWI Colorado Probation Revocation

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up2itnow

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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?
 
When a person is on probation, they are required to inform their PO about ALL police contacts.

If there was a police report made of the wellness check, you could send a copy to her PO.

Otherwise, you could request the investigating agency to report their findings to her PO.

If that fails, she'll screw up eventually.

She's headed for big trouble.

You might want to petition the court that granted her custody and try to wrest custody from her to you!
 
Thanks Judge, That is exactly what I hope to do if I can make this stick. The Ex has a drinking problem and I think the kids should be with me because of it. Up to this point though, every couple years, she screws up and nothing really sticks. In the last ten years she and been put in the detox center twice, in county jail to detox once and was on probation for this DUI at the time of divorce but the family law judge wouldn't give that info any merit and awarded her the kids anyway. I have had my share of drinking issues in the past but have been clean since 2005 when I went through an out patient program, that didn't seem to help me here though.

My concern about going to her PO is that I will sound like a disgruntled ex trying to harass her. I almost could not get the local police to go to her house the other night for the same reason and I am not sure the officer will have put anything down about her drinking at all in the report because he said "it's a Friday night and they had a few drinks at home, not a big deal". I had to remind him that she is on probation and, though I am not sure of her terms, I am pretty sure that not consuming alcohol is one of them. That said, I am not real sure that the report will end up being very helpful if all it says is that they went at my request and did a well check. Then I totally look like the crazy jelous Ex.

I have to find something the will expose her though because she regularly drinks to excess with my kids there. Since the DUI she just knows to do it at home so she has never failed to start the tester on the car or any of the random screens (the place she goes to blow weekly schedules her to come in every Tuesday so she knows not to drink from Sunday afternoon on, not very random) She has truley figured out how to work the system and continue to drink to excess every weekend. I call her teflon Mary.
 
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You can send anonymous letters to her PO.
You could have an anonymous concerned citizen also send such information via US Mail to the PO, too.

Good luck.
 
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