As reported by ABC News, a man has alleged that his recent DUI summons is a direct result of his ex-wife's intention to gain a child and spousal support settlement, by setting up the entire thing as a sting operation.
D.D., 49, has asked that his divorce settlement from S.D. be put on hold due to his recent arrest. The original trial date was for the beginning of October.
S.D. has claimed that due to unpaid child and spousal support she has no other recourse but to auction off her home.
In regards to D.D.'s current arrest, S.D.'s court papers read that it is D.D.'s belief that "the petitioner had entrapped him ... and used that to gain an unfair advantage granting her 90 percent of community assets and custody of the children."
S.D. has admitted to hiring a private investigator to watch her ex-husband's alcohol usage. She contends that his drinking habits cause her to be "concerned about the safety of her children when they were in (his) care."
The couple had three children together.
S.D. has said that she was not privy to the exact details of her investigator's findings - contending throughout that she had done nothing wrong - and knew nothing of D.D.'s DUI charge.
C.B., a former police officer turned investigator, was hired by S.D. in 2008.
Pamela Lauser, S.D.'s lawyer told news media, "In the process of the divorce, the children were constantly telling her that (D.D.) was driving while he was drunk and often had containers in the car. She felt no one in the legal system was paying attention to her. Ms. (S.D.) apparently occasionally watches reality TV and thought this was the way it's done."
Along with that statement, Lauser also commented that her client's former husband "was a womanizer, a drinker and completely misbehaved."
It was S.D.'s private investigator, per her latest filing, that set up the sting. C.B. hired two women to act as decoys. The women used an online match making service to meet, and then invite, D.D. out for a date.
Court documents state that D.D. "and at least one of the women consumed large amounts of alcohol" while C.B. videotaped how the evening unfolded.
C.B. then phoned an on-duty officer - one that has maintained his innocence and states that he was not paid - with a tip about a drunk driver. The officer located D.D. based on the tip, pulled him over, and cited him for DUI.
Court papers state that D.D., with several other instances of DUI arrests, "has not provided evidence that he did not voluntarily consume alcohol and did not voluntarily choose to drive his vehicle after consuming alcohol."
A child and spousal support battle is plenty to deal with. Whether or not your case has been coupled with extenuating circumstances like these, or are cut-and-dried, contact a family law attorney for help. An experienced attorney can keep you from many pit falls.