I have a son, whose father is legallay allowed to have our son for 2 weeks visitation. I am afraid after a drunken phone call last night that his father, who has a court order against him that says he is not allowed to drink while our child is in his custody, may try to pick up our child from the airport while intoxicated (similar things happened over a decade ago). Now, I have told my son, under no circumstances is he to get into a car if his father smells like alcohol. Will the law enforcement community help my son if he calls from an airport phone? What can he do, being a minor, to keep his father from making him and his little sister get into the car? If my son has the court order in his hand, and calls the police, are they going to help him? Or does he actually have to commit the driving crime (dui/dwi) and endanger our child before they can help? I have to allow this visitation, per court order. My son says he will do this, but I shouldn’t have to ask. So what do I do?
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Written by Noam "B- = JD" Depix about 1 year ago.
No, they should be able to snag him if he has his keys “under his control” and is moving toward the vehicle. Especially if he drove there, he is screwed.
Contact a lawyer or the police in the area your son may be going.
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Written by rob m about 1 year ago.
Yes, have your son contact the department and explain that his father is intoxicated. Or in the case of the airport, he should be able to find any security/TSA/local LE and report it.
The officer can and should intervene for your son’s safety as well as the safety of others.
In Ca you do not need a Complaint filed, the officers can investigate and “onview” public intoxication and or DUI if he is seen driving by a witness, or in a case I’ve made witness him driving via security camera. Hope this helps!!
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Written by fwf43 about 1 year ago.
your child, if he/she feels the person picking them up is under the influence, can ask for help from airport security. If your child is traveling alone, they will have someone escorting them. If that person suspects alcohol or drug use in the person there to recieve them, they can not permit the release of the child. Other than that, if you dont witness, I think your helpless in this situation.
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Written by William H about 1 year ago.
The police cannot do anything unless a complaint is filed or the person has broken a law. You cannot be arrested for drunk driving until you start and move the car.
Now, you have a court order so you can call the police and ask for enforcement. I suspect that your son may have a more difficult time so I suggest he call you and you call the police. I would also tell the son that he should go to airport authorities at once then ask to make the phone call.
You should check with a lawyer or possibly the district attorney as they would prosecute for failure to obey the court order.
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Written by del treenio about 1 year ago.
Wrong. There was a Supreme Court case recently that found in the favor of a young woman who was charged and convicted of DUI, but was merely in her unstarted vehicle with the keys in the ignition. They can’t do that any more. The police can prevent your son’s father from driving your son anywhere, but they can’t charge him with DUI. The driver has to be in control of a vehicle that is in motion, even an inch, for that to happen. Speaking to airport security will get the ball rolling for your kid if he needs to. Good luck to you both.
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Written by theoutlawmtomsik about 1 year ago.
wow, never hear of a court odrer like that, but if it clearly states he is not to drink while having the children you need to enforce this as much as possible, even if it involves the children. Depending on the age of the children it is alot of responsibilty on them, I would seek the court to have a supervised visits due to your concerns.
You can’t arrest some one for drinking if they are over 21, also most states have laws that state a what point your considered drunk or for a dui.The down side is that yes he would have to be cuaght in the act have the keys in the ignition and the vehicle would have to be running to be busted for a dui.
If he pickes the kids up at an airport, I would instruct your children if they suspected him of drinking and the order states he is not supoose to, walk right up to airport security, or local police officer and report it.
Having a copy of the order is a good idea!
Hope your son is at an age where the resposibilty is not to much, but you should explain to your children your reasoning be up front and honest with them, that this alternative is better than ending up dead becuase of some jack ass who prefers to drink and endanger his kids! -
Written by Blue Steel & Lace about 1 year ago.
Tell him to get to a payphone and call 911.
Even if they can’t charge him with DUI, they can get him for Public Intoxication, and Child Endangerment. -
Written by Biscuit about 1 year ago.
Many states have another charge, APC or “Actual Physical Control” of a motor vehicle while intoxicated.
You don’t have to be moving or even have the vehicle started to be charged with this, however the keys do have to be in the ignition and the person has to be in the drivers seat. -
Written by tikitiki about 1 year ago.
If your son has the court order, signed by a judge in his hand, and your ex is drunk when he picks them up, the police should be able to enforce that, and your son should pick up the white courtesy phone immediately. He won’t be charged with DUI if he’s not driving, but he will be in violation of the court order. No cop would allow someone who’s possibly drunk to drive off with 2 kids, just to get a DUI charge.
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