Legal Question in DUI Law in Washington

Case Dismissed

My ex husband got a DUI and had a breathalyzer implemented in his car. I found out he was making our son blow into the tube so he could drive drunk. I informed his probation officer & my son wrote a sworn statement of what his dad made him do. It went to court and the judge dismissed it, blatently ignoring my childs words. I feel let down by the courts and want to email this judge to let him know how I feel. Can I do this? Or do I have recourse? This man needs to be punished.

Asked on 3/01/07, 2:32 pm

1 Answer from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

Re: Case Dismissed

How old is your son? I surmise the judge felt that as a ex you may have some lingering resentment that made the allegation less than credible. If your son is of a young age (less than 10) than his testimony is presumed inadmissible. As your son's protector, you should really consider what impact his involvement will have on his long term development, even if what you say about your ex is true. I recommend you seek profession help for your son in dealing with the issue of his father's drinking and the new issue of having testified against his father. A child turning on his parent will likely scar his psyche for the rest of his life.

Separately, if your husband is driving while intoxicated with your son in the vehicle then this is too dangerous to allow. You should speak to a family law attorney immediately about prohibiting your ex from having unsupervised time with your son. To follow up on this question contact me directly.

At your service,

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Answered on 3/01/07, 2:40 pm

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