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OVUII Found "Not Guilty", already NJP'ed though

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5524

Junior Member
What is the name of your state (only U.S. law)? Hawaii

My case finally went to trial this past week (charged with an OVUII aka DUI in Hawaii) and I was found "Not Guilty". On the military side of things, I've already received NJP. The question I have is, can my new Commanding Officer do a "Set Aside"? or, do I have sufficient grounds with the State of Hawaii's ruling to appeal the NJP? Here's a quick timeline of events for background:

15May - Arrested and Charged w/ OVUII (State of Hawaii)
16May - Notified command
24May - Blotter reaches command
28May - NJP for OVUII arrest, resulting in $500 fine for 2 months as well as 2 pg11 entries (Drinking and Driving and Failure to obey a lawful order). Base Driving Privileges revoked. Ordered to complete remedial drivers training.
June - Promotion Board results are published, Selected for promotion... Informed that CO will have to decide to Delay, Revoke, or let me get promoted when my number comes up. 1st Court Hearing, state not ready and is granted a continuance. OIC PCSs, new OIC checks in.
July - Notified that the CO is recommending to Revoke my promotion authority due to recent NJP. (SgtMaj recommendation outweighed the recommendation of the BNXO, Adj, Company Commander)
Aug 1st - not promoted
Sep - New Commanding Officer checks in, Old CO PCSs... Court Date, Prosecutor not ready and granted another continuance.
Oct - SNCOIC Retires, new SNCOIC checks in... Sgt Maj Retires, new Sgt Maj checks in... XO retires, new XO checks in... New CO inquires with my chain of command about my situation... I am told that pending the outcome of my trial, the CO is looking into changing my Promotion Revoke recommendation into a Delay...
NOV 3 - Court Date - Prosecutor ready... 2 police officers testified... Judged found me "Not Guilty"... $500 bail refunded. Filled out paperwork with attorney for record to be expunged... Notified SNCOIC...
NOV 4 - Forwarded court documents to S-1...
NOV 6 - Walk in at MCBH Legal to discuss situation with Defense Counsel... Given a few documents about article 15, told that it was an uphill battle, and that I could try to request an appeal due to the courts ruling of "Not Guilty".
 



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