Tuesday, August 28, 2012

Free Legal Information

Free Legal Information

Charged w/ 134-18 of UCMJ, do I still have the right to appeal?

Posted: 27 Aug 2012 07:04 PM PDT


Question by Nathan: Charged w/ 134-18 of UCMJ, do I still have the right to appeal?
Back in June, I showed up late for formation after drinking the night before. My NCO said he smelled alcohol on my breath and put me through the ringer – I had to go and get breathalyzed at the MP station. I blew a .034, and the MP said “He’s good” to the NCO escorting me.

Last week, I went to Trial Defense Services, and asked them about the article, because I had read that so long as I was under the legal limit for DUI/DWI, then I wasn’t “incapacitated for performance of duties through prior wrongful indulgence in intoxicating liquor or any drug.” The clerk there said that it didn’t matter, and then went on to tell me to go ahead and get my financial data sheet done, and get people to speak for my character at the article 15 hearing.

I got read on Wednesday, 7 days extra duty and 3 days forfeiture of pay (Which I can’t afford – I told my CO this, and he said the typical “Should have thought of that before you started drinking” BS).

Today, we had a class from the ASAP people — And the numbers that they gave us for “Impaired for duty” were .050.

Now, my question: I already signed the Article 15 and checked the “Do not want to appeal block” on it. I could care less about the extra duty, but I can’t afford to lose $ 210. Is there any way that I can fight this to keep it out of my records, and get my money back? Or did I just get fleeced by my CO?
I have no problem with “manning up” and taking my punishment. I told my leadership, 1SG, and CO that I had been drinking the night before. I don’t care if they charge me with being late to formation or violation of 670-1 for looking like a bum when I did show up, but I’m not about to take being charged with something that I’m not guilty of. I’m living paycheck to paycheck as it is, and I can’t afford the forfeiture of pay.

Best answer:

Answer by m1a1mikegolf
You are out of luck.

The fact of the matter is that the .050 is not the strict guideline for determining if you are unfit for duty. Nor is it the only factor. If you were impaired in the judgment of the witnesses – you can be considered to be impaired no matter what your BAC is.

Instead of complaining you should ‘man up’ and learn your lesson.

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legal question – dui in Phoenix effect me back in Ohio ?

Posted: 27 Aug 2012 11:11 AM PDT


Question by : legal question – dui in Phoenix effect me back in Ohio ?
recently recieved a regular DUI in phoenix, AZ but I am from out of state, and am not back in Ohio. I was advised by a police acquaintance in phoenix that if i do not wish to deal with it, and if I do NOTHING about it, my drivers license in Arizona only will be suspended and I will have a warrant in Maricopa Cty (where Phoenix is), but that there would be no extradition or anyway it would follow me back to Ohio. Nothing would be on my record and I could more or less escape it all by not returning to that county for a while.
All I would need to do is avoid going back to Phoenix for a few years.

I know this is not the correct way to handle this, but can anyone with a legal background confirm this is a possible approach to avoid the dui being on my record and having to do fine/jail/classes for it? I was told as long as the warrant is out , there is no conviction – therefore nothing on my record in Ohio and also my drivers license in Ohio will not be effected.
True?
whoops.. meant to say “recently recieved a regular DUI in phoenix, AZ but I am from out of state, and am NOW back in Ohio.”

Best answer:

Answer by aout
I don’t see why a driving infraction done in one state wouldn’t follow you. You did the crime, now just deal with the consequences. Honestly, just pay the fine and have it be over and done with.

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