Drunk driver Tracie Nininger blew a .066 Thursday. That blood- alcohol level cost her her freedom. The judge ruled she must remain alcohol-free in order to stay out on bond.
NEWS 7 has learned her ex-husband served Nininger Wednesday with papers seeking sole custody of their 10-year old son. The petition also asks the judge to put an end to child support payments.
Nininger has exhausted her appeals, and would be going back to prison anyway. She has to complete a prison term for manslaughter in the death of a highway construction worker.
Tracie Nininger is back in jail.
She's the woman who was convicted of manslaughter in the drunk driving death of a highway construction accident three years ago in Roanoke County.
Nininger has been out on bond while appealing her conviction.
She failed a breath test at Court Community Corrections this morning and was immediately arrested and taken to jail.