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Old 05-09-2017, 05:36 PM
stripes stripes is offline
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I had the same question. According to the police (whom I spoke to the day after the incident), it would be difficult to make a drunk-driving charge stick because when they got there, he wasn't actually driving. Apparently it's not against the law to sit in the driver's seat of a non-moving car while plastered. The police would have had to rely on hearsay from the parents and staff which, while pretty convincing, could get thrown out if ex decided to be a jerk and contest it. The cop told me their rule of thumb is that if the ignition isn't turned on, the "driver" isn't driving.

Same thing with child endangerment - by the time the police got there, Kid was not in danger (thanks to quick action of staff and parents). She was in the playground with a staff member. So once again, it would have been hearsay.

The other possible charge would be "causing a child to be in need of protective services". This one could have stuck. But the cop said they didn't pursue it because it's essentially a slap on the wrist ($200 fine). The cop also said he didn't want Kid to see her father taken away in handcuffs, which I can agree with. Dad in the police car was bad enough.

I'm sure there was an element of not wanting to do all the paperwork/having more urgent cases to attend to as well.

The cop did tell me that he noted in ex's file that ex could have been charged with three offenses but the police used their discretion and did not charge. He said that with that note in the file, if ex is picked up again, he will definitely be arrested. Apparently he's literally used his get-out-of-jail-free card.
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