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  #1  
Old 09-27-2001, 11:40 AM
IndyMatthews
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Military DUI/DWI


fort polk, la: man drinks at home on base. runs a stop sign on post - seen by neighbors. goes to store, gets dinner, eats in passenger side of car. decides he's had too much to drink, goes in, calls a cab. cab comes, goes down the road. MP's pull the cab over, make him get out and perform sobriety tests (does poorly) - arrests him for DWI. blows a .12. - question: can you get a DWI like this? isn't that what you're supposed to do: if you've had too much to drink, call a cab. but, can you then still be arrested? in SC, there would be warrant issues with regard to the arrest - they didn't see him driving or running a stop sign. what can the military court do about this and what are his rights? can anyone answer this, please?
  #2  
Old 08-04-2002, 07:57 PM
alliisokay
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I just recently signed on to this forum. I saw what you wrote and had to respond. This happened awhile ago,so I hope you got help from someone. Your chain of command is a good place to start. I hope you did call them when the incident took place. Second I would suggest JAG. They can tell you what you would be looking at. If you are a service member you will be looking at anything from an article 15 to being discharged. I believe for junior enlisted they are not as hard depending on your record. I have known some to receive AR15 with extra duty and some go bye bye.Officers I'm told usually get the boot. With regards to UCMJ action you usually are told to see trial defense. They specialize in this area. JAG will not talk to you regarding AR15.
I'm not a lawyer,just offering a little info I know.

Last edited by alliisokay; 08-04-2002 at 08:07 PM.
  #3  
Old 08-04-2002, 08:05 PM
alliisokay
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DWI


Forgot one thing. You asked if someone could get arrested for something like this. If there were witnesses to your friend commiting a crime,it would make sense for the mps to investigate. It's a little scary,but if you are doing what you are suppose to be doing then you shouldn't have a problem when the mps come a calling.
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