Two DUIs in three month span

[Kconleyk]

Jurisdiction

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.

 

[adjusterjack]

I have no idea what kind of penalties she will face but if you have court ordered custody then call a cop and go get your daughter.

If you don't have court ordered custody, file for it now on an emergency basis.

Consult an attorney if you want your daughter back any time soon.

 

[mightymoose]

Agreed... if you have court documents indicating you have custody then simply go get your kid. If you need to, meet with local law enforcement first, show them the order, and let them enforce it.

The DUI has nothing to do with it.

 

[Kconleyk]

Agreed... if you have court documents indicating you have custody then simply go get your kid. If you need to, meet with local law enforcement first, show them the order, and let them enforce it.

The DUI has nothing to do with it.

Right now is spring break for my daughter from PreK, through the school so still consider legally she has to attend.

Even though we worked out a deal to split spring break, as the agreement states, it doesn't give specifics in the agreement of times just that we split it. So I'm stuck right now.

Easter at 2 pm the agreement clearly states I get her so I am going to go pick her up. I've called sheriff's and county Police in the area and one deputy said he is off that day but call someone show them the agreement and they will help make them enforce it.

The other cop said they will come with me to make sure no issues but they can't make them enforce it. It's so baffling to me.

 

[Kconleyk]

Per texts she says I am not getting her on Sunday at 2 and that they won't be home.

Can I take the cops to her aunt's house if I think they will be there?

 

[Highwayman]

No, you can't take the cops anywhere. They won't let you.

 

[Kconleyk]

No, you can't take the cops anywhere. They won't let you.

If they are at the house where pick up is supposed to be, will the cops help?

 

[army judge]

Right now is spring break for my daughter from PreK, through the school so still consider legally she has to attend.

Even though we worked out a deal to split spring break, as the agreement states, it doesn't give specifics in the agreement of times just that we split it. So I'm stuck right now.

Easter at 2 pm the agreement clearly states I get her so I am going to go pick her up. I've called sheriff's and county Police in the area and one deputy said he is off that day but call someone show them the agreement and they will help make them enforce it.

The other cop said they will come with me to make sure no issues but they can't make them enforce it. It's so baffling to me.

You have an arrangement between TWO people.

Its not legally enforceable (as far as child custody is concerned) because its NOT a court order.

As suggested, forget the past, look to the future.

She doesn't need to listen to you, nor do you have to listen to her.

You need to HIRE a lawyer to obtain a LEGAL court order issued by a judge for child custody, child support, and child visitation.

You appear NOT to have a legal order, she is fighting a DUI charge (3 or more DUIs in many states makes it FELONY upon conviction with mandatory prison time).

In Maryland, If you are convicted of a third or subsequent DUI offense within five years, your license will be suspended for a minimum of 18 months and could be permanently revoked, depending on the circumstances surrounding your arrest.

Plus, a third conviction for subsequent DUI offenses, the following criminal penalties are possible:
A jail sentence of up to 3 years.
A jail sentence of up to 4 years if a minor was in the vehicle.
Fines of up to $3,000.
Fines of up to $4,000 if a minor was in the vehicle.

The Lookback Period used by Maryland courts is 5 years to see if you had a prior drunk driving conviction before counting a conviction as a second one.

If this is your third drunk driving conviction in a 5-year period, the penalties mentioned above will AUTOMATICALLY apply (if convicted or you plead guilty).

See, she has issues.

This is the time you can focus on getting your child, especially with prison time looming for the child's mother!!!

 

[Kconleyk]

You have an arrangement between TWO people.

Its not legally enforceable (as far as child custody is concerned) because its NOT a court order.

As suggested, forget the past, look to the future.

She doesn't need to listen to you, nor do you have to listen to her.

You need to HIRE a lawyer to obtain a LEGAL court order issued by a judge for child custody, child support, and child visitation.

You appear NOT to have a legal order, she is fighting a DUI charge (3 or more DUIs in many states makes it FELONY upon conviction with mandatory prison time).

In Maryland, If you are convicted of a third or subsequent DUI offense within five years, your license will be suspended for a minimum of 18 months and could be permanently revoked, depending on the circumstances surrounding your arrest.

Plus, a third conviction for subsequent DUI offenses, the following criminal penalties are possible:
A jail sentence of up to 3 years.
A jail sentence of up to 4 years if a minor was in the vehicle.
Fines of up to $3,000.
Fines of up to $4,000 if a minor was in the vehicle.

The Lookback Period used by Maryland courts is 5 years to see if you had a prior drunk driving conviction before counting a conviction as a second one.

If this is your third drunk driving conviction in a 5-year period, the penalties mentioned above will AUTOMATICALLY apply (if convicted or you plead guilty).

See, she has issues.

This is the time you can focus on getting your child, especially with prison time looming for the child's mother!!!

It's not an agreement between me and her, it's a court order

 

[army judge]

It's not an agreement between me and her, it's a court order

If it is a court order, the sheriff or police will assist you in enforcing it.
If you are the primary caregiver, the police will see that the child is returned to you.
The fact that the police refuse to do that, the police don't see it as a court order.

However, explaining things to me (a useless nobody) does NOTHING to help you achieve the result you desire, your child, in your care as PRIMARY custodian.

Wasting your time on the internet won't help you much, either.

What will?

Hire a licensed lawyer in your state (one you trust, one that will work for you) to get you the result you seek.

Good luck.

 

[Kconleyk]

If it is a court order, the sheriff or police will assist you in enforcing it.
If you are the primary caregiver, the police will see that the child is returned to you.
The fact that the police refuse to do that, the police don't see it as a court order.

However, explaining things to me (a useless nobody) does NOTHING to help you achieve the result you desire, your child, in your care as PRIMARY custodian.

Wasting your time on the internet won't help you much, either.

What will?

Hire a licensed lawyer in your state (one you trust, one that will work for you) to get you the result you seek.

Good luck.

I have a lawyer I opened a modification case two months ago, they haven't scheduled it yet. I opened it after her second DUI, I know the internet won't help, but it can give comfort if someone has been through a similar experience and can share.

It is a court order where I am listed as primary custodian and have tie breaking legal ability.

I am being given less than three minutes a night on the phone with her.

It's a Saturday so I can't get ahold of my lawyer, Im a wreck missing my daughter, I just want something or someone to share or give advice to give me comfort.

 

[mightymoose]

Yes, if you call in advance the police should meet you at the address or nearby. It is not a priority matter so you might have to wait a little bit- so plan ahead. What the ex says to you in person or via text will likely be very different from what is said/done when the police are standing there.

Some police officers are reluctant to get involved with child custody issues. The majority of the time the parents do not produce a valid court order, and when they do the terms are not clear.
If yours is a valid court order and clearly indicates you are to have custody at 2pm then they should enforce it. If they refuse then you need to contact supervisors and work your way up the chain.

Typically the other parent has two choices- either return the child willingly per the court order, or be arrested for violating the order and have the child returned anyway.

All of the rest of the concerns are matters to be addressed in court and put into any subsequent court order. Do yourself a favor and keep a journal of all dates/times and circumstances when the custody order is violated.It will be useful to you in the future when setting new terms.

 

[Kconleyk]

Yes, if you call in advance the police should meet you at the address or nearby. It is not a priority matter so you might have to wait a little bit- so plan ahead. What the ex says to you in person or via text will likely be very different from what is said/done when the police are standing there.

Some police officers are reluctant to get involved with child custody issues. The majority of the time the parents do not produce a valid court order, and when they do the terms are not clear.
If yours is a valid court order and clearly indicates you are to have custody at 2pm then they should enforce it. If they refuse then you need to contact supervisors and work your way up the chain.

Typically the other parent has two choices- either return the child willingly per the court order, or be arrested for violating the order and have the child returned anyway.

All of the rest of the concerns are matters to be addressed in court and put into any subsequent court order. Do yourself a favor and keep a journal of all dates/times and circumstances when the custody order is violated.It will be useful to you in the future when setting new terms.

I just called the county Police in that area and they said they will come but not intervene just make sure it goes smoothly. That if she says no and shuts the door they can't do anything. It's maddening. The cop I spoke to yesterday said he is off Sunday but he would enforce it, to call county district and they said they won't. It's maddening

 

[mightymoose]

You likely spoke with a dispatcher.
I encourage you to call back or even go down there and speak with a shift supervisor and get a clear answer as to why they will not enforce a valid court order.
You will probably get a different answer.

 

[Kconleyk]

You likely spoke with a dispatcher.
I encourage you to call back or even go down there and speak with a shift supervisor and get a clear answer as to why they will not enforce a valid court order.
You will probably get a different answer.

I asked for a supervisor

 

[army judge]

I asked for a supervisor

Mighty Moose suggests you go in person and speak to the desk sergeant, or the official in charge of the current patrol shift.

If you do go, take a copy of the "court order" showing the raised or embossed seal of the court that issued the order.

The new wrinkle here is that this is her 3rd DUI.

If convicted, she's going to prison, not jail prison.
MD has only one female prison in the entire state.

The paralegal is the gatekeeper.
Again, if you want to see the lawyer, make an appointment.
It might take weeks, but if you don't make an appointment, you'll keep getting shooed away by the lawyer's gatekeeper.

 

[Kconleyk]

Mighty Moose suggests you go in person and speak to the desk sergeant, or the official in charge of the current patrol shift.

If you do go, take a copy of the "court order" showing the raised or embossed seal of the court that issued the order.

The new wrinkle here is that this is her 3rd DUI.

If convicted, she's going to prison, not jail prison.
MD has only one female prison in the entire state.

The paralegal is the gatekeeper.
Again, if you want to see the lawyer, make an appointment.
It might take weeks, but if you don't make an appointment, you'll keep getting shooed away by the lawyer's gatekeeper.

I have a lawyer. We filed modification long ago, it's still weeks away.

I talk to him daily. It's a weekend I'm just looking for comfort and more advice you can't have to much information.

She has three DUIs but the oldest one is 6 years ago. The state only goes back 5 according to research. The other two were in a three month span from November to February both her cases are next week.

I've done everything I can in court so far, it's still weeks away, not knowing when I'll see my daughter again is unbearable. I'm trying my best to find a way to make her follow the agreement and get my daughter back tomorrow at 2.

 

[mightymoose]

What does your attorney say about your custody issue?

 

[Kconleyk]

What does your attorney say about your custody issue?

Says if they don't give her back tomorrow we will file contempt on Monday, but that will take a few weeks. That we can't file an emergency hearing cause the child isn't in immediate danger. Somehow continuing to drive after two DUIs in three months and my daughter in the car isn't danger.

So wait till court and she can just keep her. It's mind boggling.

 

[mightymoose]

Law enforcement often brush this off and direct you to the court because they don't want to be in the position of deciding who the better parent is. Usually both parents have plenty of nasty things to say about each other and accuse each other of being unfit.
You have a valid court order though, and police are responsible for enforcing it. If you talk to the right people you should get some cooperation.
I'd be sure to get the name of anyone who refused to enforce the order- especially if the custody terms are very clear.

Many custody orders I have seen have had very vague terms and state visitation "as agreed". The police have no idea what the agreement was. They can only be expected to enforce what is in the order and clearly stated.

If they do refuse to enforce the order you should request a criminal report for violation of a court order. In fact, you should do this every time there is a violation of the order.