David Dutcher, from Contra Costa County, California, claims that the arrest affected his divorce and child custody arrangement.
The 49-year-old said was arrested and pulled over for drunken driving in 2008 shortly after he was propositioned by two young women to come home with them and ‘continue things in the hot tub’.
Appeal: David Dutcher claims his ex-wife set him up with a woman pretending to be interested in him to help her divorce proceedings
Mr Dutcher said he was on a second date with a woman he had met on Match.com, when she started chugging shots of hard alcohol and kissing him on the lips.
A second blonde showed up and they both flashed their breasts, before asking him to join them at home in the hot tub.
But minutes after leaving the restaurant, Mr Dutcher was pulled over for drunken driving.
His blood sample revealed an alcohol content of 0.12 per cent, above the legal limit of 0.08 percent. He pleaded no contest, paid a fine of $2,200 and performed three days of community service.
Mr Dutcher, a father of three, was returning to dating after his 15-year marriage had ended when he was arrested.
Date: Mr Dutcher met the woman on dating website Match.com
Three weeks later, his ex-wife’s lawyer filed an emergency motion in court seeking to discuss Mr Dutcher’s visitation hours with his three children, according to court records.
The lawyer claimed to have inadvertently learned of Dutcher’s drunken-driving episode and wanted to make the court aware of his run-in with the law.
A judge then reduced the amount of time he could spend with his children because of his arrest.
Mr Dutcher will tomorrow argue that his ex-wife orchestrated his arrest to gain advantage in the divorce case.
Susan Dutcher admits to hiring a former police officer who tipped off officers who caught Mr Dutcher. Court records show that she paid him $2,500 in cash.
But she argues that no one forced her ex-husband to drink and drive.
‘There was no plan to set up a DUI arrest. I only wanted Mr Butler to watch Mr Dutcher drink and drive so he could report this to the court for the safety and protection of my children,’ she wrote in a declaration to the court.
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Category: U.S. News
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