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Old 10-26-2018, 03:00 PM
  # 20 (permalink)  
DontRemember
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Join Date: Dec 2014
Posts: 2,966
Originally Posted by MCESaint View Post
Well (finally out with it), ironically I *am* an attorney - though I've got an appointment to speak with someone else (never be your own brain surgeon right?).

This jurisdiction is a little weird. In St. Louis, we have a bunch of municipalities - who are somewhat independent of the County. In this instance, she was arrested and initially cited by P.D. for the Municipality for DWI, not by the County P.D.. I'm not sure that the arresting officers knew that this was her 4th DWI - because they released her on her own recognizance (like they would for a 1st timer).

By state law, however, the municipality cannot handle anything OTHER than a 1st offense DWI. More than that,they have to refer the case to the State prosecutor and the case is brought in the County Circuit Court.

It can take the State Prosecutor's Office between 2 to 6 months (on average) to file a felony DWI charge with the County Circuit Court.

So, technically, no felony charge is currently pending/filed -- though, ultimately it should happen in the next few months.

Meanwhile - and I assume her rehab is part of her criminal lawyer's (who I don't know and have no contact with) posturing to get the case in the best light possible. It is one of the things I'd do IF I were him.

MCESaint
Oh..trust me.. Her priors will come up on this case. especially when you toss in child endangerment and a wreck. I don't care what US state you live in..unless she's got a suitcase full of cash..that prior stuff is coming out by the prosecution. I'm not an attny,but I work with loads of them and my 1st dui came back up almost 7yrs after the fact.

BUT..child care is not that difficult to get,again it's $$$?? so I'm confused as to why the boy left his home with you to begin with. This is me,but when my exwf went off the rails and I booted her out of our lives, I did whatever I needed to for her safety/security. I hired sitters/daycares and still worked/lived my single parent life as a 25yr old guy. kids aren't chess pieces. You both need to seperate your own personal stuff from the boy...that's how this reads to me.

Edit: Also...Your wife is in,what I call, "rehab fairytale delusion". This is a term I coined after seeing my exwf on a visiting day. I hated her as a person at this point and she thought it fit to regale me with tales of her future rehab she wanted to go to directly from this rehab."it's in Malibu on the beach and they have horses."(normal folks call this a vacation i think)...No $hit?..Cool..have fun! She also kinda forgot 'things' cost money.
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