DUI blew under 08 in NJ

[patty2462]

I wrote a few months ago about my ex getting a DUI in October. The first court date he went without an attorney, they "looked at me like I had two heads" he said, and told him to come back to court Jan 30 and bring a lawyer. He was going to plead not guilty.
This is the case where he blew a 06.
I have been able to find out a lot more things since then. My ex did get a lawyer, not a DUI specialized one but he does have a lawyer.
According to the police report, my ex was not able to complete the heel to toe test, he went a few steps and asked that the directions be repeated.
The next test, where you stand on one leg he apparently failed as well. He tried to do it could not, and said "should I try again?" He was unable to complete the test and told the officer so. The eyeball test he apparently failed as well because out came the cuffs after that.
Of course there was a videotape, BUT the cop did not point it in the proper direction and the two tests were not filmed........ however all the audio is clear. I saw the video.I am annoyed about the video, but they have been arresting people for DUI before they even had cameras in the car so hopefully it won't make much difference since the audio is clear as day.
Anyway was wondering with this new information what do you think will happen?
Also, the laywer has brought a DWI expert into the picture. I asked my ex " oh what is he going to argue that the machine didn't work?" and he said "oh no that the machine DID work! and that I blew a 06." And that is not intoxicated.I am not sure about that as a plan. But the lawyer wrote a letter to this guy telling him the circumstances asking him his thoughts because : my ex says he was on a hill when doing the tests. ( Not really I know the intersection and I hardly call it a hill) also that it was not a well lit area, and that the flashing cop car lights were disturbing and affected his eyeball test. Is that a good defense?
The guy is an alcoholic. Big time. He has been very cocky and is confident that he will get off. Although he has shelled out alot of money so far.....
He needs to lose his license. It won't change the fact that he is an alcoholic but it's a start.
Thanks for any advice.
Oh and the reason why I am concerned about this is because we have children together and of course they have driven with him (not since this). I need to wathc out for my kids.
Also I care about him killing himself and others, too.

[panther10758]

His drving and FST result will harm any not guilty defense he puts up. Just because he blew below .08 does not mean he wasnt impaired! The DA still has a strong case for wreckless or impaired driving. Hes your EX why the interest?

[patty2462]

I thought I mentioned the fact that I am taking an active interest in this becasue we have children together and there are concerns about him driving while drunk with them.
Last summer as a matter of fact, my son told me that he was up til 4 AM drinking, then went to bed. At 9 my son woke him up to take him to summer school. My son said he must have still been drunk because when they got to a red light they were stopped, then out of the blue while it is still red, he starts to acelerate. My son yelled at him what are you doing!?and then he stopped.
I do care about him hurting / killing the children, himself and others due to his problem.

[panther10758]

Based on that take him to court and get supervised visits only! Your right your childrens safety is very important. If children are at risk when with him have visits supervised you can use this arrest adn childresn statemetns to back your request

[jturner901]

It sounds to me like you already have enough reasons to be concerned for the safety of your children when they're with him, no matter which was the court finds in this case.

[patty2462]

Thanks for the feedback. Yes I do have my hands full with him. I did file papers years ago regarding him drinking and driving when he has visitation. Of course since there was never any proof back then, it was just considered an accusation.
Now I guess I will get those papers out and review them. I will have to intiate something under these circumstances.

[panther10758]

The sooner the better in fact check with an Attorney to see if something can be done NOW. This is your childrens safety and I would think courts might hear case quickly due to possible danger the kids might be placed in

[JasonAnderson]

Is this his first alcohol related offense (charge)? He may be in for a tougher battle if he's been convicted before.

[patty2462]

this would be his first offense... how he did this all these years without getting caught is beyond me.
We do have a therapist involved due to some family issues. During a session wuth the children, I said "thank god the kids weren't with him" the therapist said had they been, they immediately would have called child protective services. Then they would have told me as the custodial parent that I am not allowed to have them stay at their dad's house. Because if they stay there, the inference is that he could possibly drive them somewhere. So now they are not staying with him for overnights.
Additionally, she said that now with the DUI, if something happen and they found out I knowingly ( or put them in a situation where they could possibly be in a car with him) allowed my child to drive with him , that I would be brought up on child neglect charges and something else but I forgot what she said.
Since this disclosure by the therapist, he is not asking to drive them anywhere and not arguing with me about it. Before the therapist gave this information, he told the kids "I should get over it"
He thinks he will beat this and he can go about driving the kids again and this is what I am afraid of.