Navy DUI, not guilty out in town

[desertdragon609]

What is the name of your state (only U.S. law)? CA

I was arrested for DUI 4 months ago, with a .07 and no bad driving, I am going to trial soon with a good chance of being found not guilty. My command is waiting until the case is adjudicated before any NJP takes place. I am right now looking at articles 111 for the DUI, and 86 for UA (i was detained, got to work a few hours late). I'm guessing if I am found not guilty these two articles should go away, my only concern is my command is also throwing in article 92 for disobeying a lawful order. Apparently the CO has mentioned in safety stand downs and emails, about no drinking and driving...period. My question is do I still fall under article 92 if I have never signed a page 13 stating I will not drink and drive, at all (not even a glass of wine with dinner apparently), are his statements binding to article 92...and can they still get me for it even if I am not convicted of a DUI?

[cyberspook]

Originally Posted by desertdragon609

What is the name of your state (only U.S. law)? CA

I was arrested for DUI 4 months ago, with a .07 and no bad driving, I am going to trial soon with a good chance of being found not guilty. My command is waiting until the case is adjudicated before any NJP takes place. I am right now looking at articles 111 for the DUI, and 86 for UA (i was detained, got to work a few hours late). I'm guessing if I am found not guilty these two articles should go away, my only concern is my command is also throwing in article 92 for disobeying a lawful order. Apparently the CO has mentioned in safety stand downs and emails, about no drinking and driving...period. My question is do I still fall under article 92 if I have never signed a page 13 stating I will not drink and drive, at all (not even a glass of wine with dinner apparently), are his statements binding to article 92...and can they still get me for it even if I am not convicted of a DUI?

I am pretty sure they can "still get you" at article 15. If your command told you "no drinking and driving what so ever" and there is proof that the order was given. That is a pretty reasonable order. Well you get it...

Good luck, you're going to need it.