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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
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Experience:  Lawyer and current JAG officer.
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got a dui out in town by civilian police in a different state,

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got a dui out in town by civilian police in a different state, command wants to give me a njp. my EAS is in 3 weeks. my court date is after the 7th . do they have anything on me and what happens when i take it to court marshal?

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.


Your command probably should not be trying to do an NJP with the civilian courts already addressing it.


Technically though, they can do it if they want to. If you demand trial by court martial, they'll end up having to try and get permission to hold you in the service beyond your EAS, which is very hard. Then they'd have to get permission to try you for court martial despite the fact that you are already being tried by the civilian court. That usually requires Secretary level approval, which is rarely granted.


It is a risk, but demanding trial by court martial might actual work in your case.

Customer: replied 3 years ago.

what i mean by the 7th, is my eas is june 7th, and my court date is after june 7th.

I understand that. Your civilian court date is after your EAS.


That doesn't change anything I said.

Customer: replied 3 years ago.

they can also revoke terminal leave correct? because i have the coming down on the 20th

Yes, if they are going to try and court martial you, they will have to go through the process of canceling that contract, extending your EAS time, etc.


Given that you are already facing civilian court here, I have a very hard time believing that your command will be able to convince JAG to go for that....or the higher level approval they will need.


It is possible, but I just see it as unlikely.

Customer: replied 3 years ago.

have you had a case like this or heard of one in the past?


I have never seen someone kept in past their EAS for a DUI when the civilian court was still choosing to take action.


I have not even heard of a person that was kept in past their EAS for a DUI. The closest was when someone was kept in past their EAS for a dui that resulting in a vehicular manslaughter...much more serious and it happened on base, so there was a real desire to have the military handle it rather than civilians.


All that said, I know from my legal training that it is legally possible for them to do.

Customer: replied 3 years ago.

alright, well that pretty much satisfies my interest in this. thanks for your time and speeding feedback.

No problem. Take care and good luck going forward.
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