Possibly complicated DUI

[meandmyself]

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

Please dont lecture it has happened and I am going to be punished.

So, I received a DUI coming through the gate on my installation. They decided to let Federal court handle it. I was issued Federal citations for drunk driving and refusing the breath test ( later agreed to a blood test). I have hired an attorney for the Federal court, we are awaiting the report filed and BAC level. My command has charged me with arcticle 111 (Drunken or reckless driving) and 92 ( Failure to obey order or regulation). My command has removed my eligibility for advancement to E7 with a page 13 entry and an eval to reflect the same.
I am pretty certain I am going to be removed from service I have served 16 years+. If I go to NJP and my CO is gracious I will be busted down and in turn be High Year Tenure and will have to get out in 180 days but can keep some of the benefits I have worked for by hopefully keeping an honorable discharge. There is other ways to do it too, that is what scares me. What are the other ways? Can I be charged and punished twice on the same two FEDERAL charges? I dont know what will happen with the military side it the one that worries me the most. I have wasted 16+ years this is going to throw my family into financial destruction, especially if I get removed from service. I have seen 2 prior junior ARI cases get the boot at NJP. My CO doesnt play with this - period. Thanks for your consideration.

 

[OHRoadwarrior]

You need to consult a military lawyer fast. Relying on answers here, when your families future is at stake, is foolish.

 

[meandmyself]

Getting a experienced civilian attorney in military matters is going to cost me above $8000. They have such a failsafe case against me that I feel I would be wasing money on an attorney for the military side. I already face the fines, etc. out in town. I am already paying for the attorney for the outside Federal case, over $4000 right now and even if I had a future income that would already stretch my finances to the edge. Then it goes to military court (NJP, etc.) without representation it will be like feeding me to the wolves and they most likely will remove me from service and income goes to zero. This really sucks dont anyone do this to yourself.

 

[OHRoadwarrior]

I agree that will be a potential outcome. That is why you need an experienced lawyer.

 

[umkemesic]

If you are going to be given an article 15 YOU HAVE THE RIGHT TO COUNSEL

Meaning you can go to the Area Defense Counsel and he will look over your situation free of charge. But he cannot represent you at a hearing. Military Lawyers are not the same as your typical Public Defender, they usually know their stuff and are experienced.

As for your questions, (1) Yes you can be punished twice. NJP stands for non-judicial punishment. Courts have ruled that you can be punished through NJP and even Court-Martialed afterwards. There are some exceptions, such as if the conduct was minor. For a detailed discussion see United States v. Gammons, 51 M.J. 169, 180 (C.A.A.F. 1999) : http://www.armfor.uscourts.gov/newcaaf/opinions/1999Term/98-5031.htm.

I'm not an expert on DUI cases, but I have never seen a person punished twice in different jurisdictions - either you are punished off base, or on base. Off base is the lesser of two evils, I have never seen anyone demoted for an off-base DUI although the Commander can red line a promotion.

I'm a little taken aback on your situation. I'm not sure why a "Federal Court" would take a DUI case unless you were a Civilian driving on the installation (which you are not). It makes no sense. Have you actually been charged in Federal Court (and do you mean "Federal Court" as in "Court-Martial"?)? I haven't even heard of a Federal DUI case.

 

[Banned_Princess]

If you are going to be given an article 15 YOU HAVE THE RIGHT TO COUNSEL

Meaning you can go to the Area Defense Counsel and he will look over your situation free of charge. But he cannot represent you at a hearing. Military Lawyers are not the same as your typical Public Defender, they usually know their stuff and are experienced.

As for your questions, (1) Yes you can be punished twice. NJP stands for non-judicial punishment. Courts have ruled that you can be punished through NJP and even Court-Martialed afterwards. There are some exceptions, such as if the conduct was minor. For a detailed discussion see United States v. Gammons, 51 M.J. 169, 180 (C.A.A.F. 1999) : http://www.armfor.uscourts.gov/newcaaf/opinions/1999Term/98-5031.htm.

I'm not an expert on DUI cases, but I have never seen a person punished twice in different jurisdictions - either you are punished off base, or on base. Off base is the lesser of two evils, I have never seen anyone demoted for an off-base DUI although the Commander can red line a promotion.

I'm a little taken aback on your situation. I'm not sure why a "Federal Court" would take a DUI case unless you were a Civilian driving on the installation (which you are not). It makes no sense. Have you actually been charged in Federal Court (and do you mean "Federal Court" as in "Court-Martial"?)? I haven't even heard of a Federal DUI case.

Are you trying to say public defnders are inexperienced, and don't know their stuff?

 

[umkemesic]

Are you trying to say public defnders are inexperienced, and don't know their stuff?

I'm not trying to hurt anyone's feelings. I live in the City and you get 5 minutes with a Public Defender who has a caseload of 80 a day. Most are dismissed/SOL'd before trial but that is still a lot to go through. Military Lawyers have 80 a year maybe.

As far as competence, the Military JAG Corps has higher standards, as any Federal Agency. Its not an insult, but a fact. You'll find some stars in the PD's Office, but if you had to take your chances a Federal Lawyer trumps anything local or State.

Even among the Service Branches there are gaps. The Air Force has the best lawyers, to even be considered for Defense Counsel you have to be a Prosecutor (a good one too) for at least a year. So every Defense Counsel in the AF was a Good Prosecutor before taking that post. When I left, the Army was starting to do the same. Not sure, but I heard the Marines have excellent lawyers as well. The Navy would dump 1st years into Defense with little experience.

 

[meandmyself]

Hi all and thanks for the replies. To answer some questions: I am sure it is Federal Court the ticket heading is "United States District Court Violation Notice". From what I am told these can be issued from Game Wardens, Park Rangers (State Parks-DUI driving or boating, etc) and other federal properties (military bases). I was not confusing Federal Court and Court Martial I know one is civilian and the other military. I dont know if they could have just handed me off to the local authorities. Also, for the punished twice subject: I was describing being charged by my command for DUI (federal) under the UCMJ (article 111) and also being charge out in town Federally with DUI. This is not even refering to the "double jeapardy" cases in the past, just two of the same Federal charges. One would be handled out in town and the other is contained within my command by my C.O. governed by the UCMJ (article 15/NJP, or a court martial). Its very confusing I know. Thanks again. LINK: Central Violations Bureau (Federal Court): http://www.cvb.uscourts.gov/faq.html#courtdate