How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask P. Simmons Your Own Question

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26302
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

I am being charged with article 92 for waking up my driver

Resolved Question:

I am being charged with article 92 for waking up my driver in the field and interrupting his 6 hours of uninterrupted sleep. We also got a safety brief on multiple subjects one being that of drivers needing 6 hours of uninterrupted sleep (the class was given by a ssgt). My command says that I disobeyed a lawful order given by the company commander even though no where in the mco or division order does it states how much hour of sleep a driver requires. Should I accept njp or should I fight it?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Not sure I understand...why did you wake the driver?

And was there an order to not wake the driver?
Customer: replied 1 year ago.
I woke the driver up so that he would've been staged next to the other ammunition truck on the other side of the pos, so that when he woke up in the morning we were ready to go on the road. I don't remember what time I woke him up but out of the 5 statements written, one says 2300 and another says 0100. The order isn't in the marine corp order or a division order, the motor t chief(ssgt), gave a class/brief on multiple subjects relating to safe driving, one being that of driver's getting 6 hours of uninterrupted sleep but also at the time I went to my truck I just got done with a task assigned to me and the howitzer next to my truck was making quite a bit of noise that time so wouldn't that count as interrupting driver's 6 hours sleep. They're saying it was an order given by the company commanding officer even he wasn't the one to give the class.
Expert:  P. Simmons replied 1 year ago.
Thank you

What you describe is not a crime. That is, if you had a legitimate reason for waking up the driver that was related to your duties? That is not a crime.

Now...it sounds like they are setting you up for a "dereliction of duty" charge. If they can prove you took this action (waking up the driver) for no good reason? That could be a violation of "dereliction of duty" under Art 92, UCMJ.

But to prove this crime, they have to prove that you knew that you had a particular duty and you choose not to abide by that duty.

Again, what you describe, the way you describe it, you had a legitimate basis for waking the driver. That is not a crime and you can refuse and take this to court (if they even bothered to try and bring it to court)

Customer: replied 1 year ago.
Thanks for input, its been really useful!, the problem is that there pushing for summary court martial with out a lawyer(I have refused njp) is there anyway when this situation presents itself, that I can request special court martial? I've tried explaining my situation with the sgt major aswell but he's telling me that even though I had good intention I still messed up by waking up the driver(also for waking him up, he slept in til 0730 instead of waking up at 0530).
Expert:  P. Simmons replied 1 year ago.
You can refuse summary. Just like NJP, you can refuse it. I would...based on what you describe. You can refuse summary (again, you have the absolute right) and make them put this to a real court with a real judge and all the protections of the rules of evidence.



P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26302
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Lawyer

    Satisfied Customers:

    4035
    Lawyer and current JAG officer.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1149
    Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
  • http://ww2.justanswer.com/uploads/OR/OregonLawyer/2012-6-20_82836_LarryMugShot16192012.64x64.jpg Lawrence D. Gorin's Avatar

    Lawrence D. Gorin

    Lawyer

    Satisfied Customers:

    488
    Military & Family Law. 30+ years experience. USFSPA pension division expertise.
  • http://ww2.justanswer.com/uploads/LA/LawInfoNow/2012-5-27_195417_JAprofilepicture.64x64.jpg LawHelpNow's Avatar

    LawHelpNow

    Attorney/Lawyer

    Satisfied Customers:

    221
    Relax. Let's work together. Practical solutions.
  • http://ww2.justanswer.com/uploads/rcampione/2009-01-16_181009_bar-rc.jpg rcampione's Avatar

    rcampione

    Military Lawyer

    Satisfied Customers:

    186
    Military lawyer - 5 years to the present
  • http://ww2.justanswer.com/uploads/JAGDefense/2010-02-16_041646_web_pix.jpg JAG Defense's Avatar

    JAG Defense

    Military Lawyer

    Satisfied Customers:

    124
    CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications