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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19014
Experience:  Lawyer and current JAG officer.
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Im in the navy reserve and got my first dui as a civilian 2

Customer Question

hi im in the navy reserve and got my first dui as a civilian 2 weeks ago. Would you know how to handle a case in court so it wouldn't affect my military carrier? my BAC was .11. I wasn't arrested. Just taken in for a breath test and car towed. Wife picked me off. Please help if you can. I live in Long beach Ca. Im going to court in Downey Ca.
JA: OK. The Military Lawyer will need to help you with this. Have you talked to a lawyer yet?
Customer: I talked to some. They were suggesting to try to get a wet reckless if possible. I haven't committed t
o one yet
JA: Anything else you think the lawyer should know?
Customer: This is my first offense ever, this happened on the May 30th. report only mentioned I was swerving between the farthest right lane and the center lane, then pulled me off the freeway. I did a breath test, walk in one line and eye test. they took me to the station near firestone. I did another test and had my fiancé pick me up. I'm reservist trying to go active duty again, just put in a packet for it. I also just made 2nd class, so im more concerned about how to how this on the navy side...
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 10 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 10 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

There really isn't a way to do that. Nothing that happens in the civilian court would legally bind the military in any way, because they are separate legal jurisdictions. So, if you were to manage to go to court, challenge the DUI, have it dismissed, that wouldn't stop the military (if it wanted) from taking its own legal action to separate you. They don't have to have a conviction in a civilian court to do that.

So, while it is certainly in your best interest to get a local defense to mitigate the civilian charges, there is not method that the defense counsel can use to actually hinder the military from whatever action it might choose to take.

Now, all this is predicated on the idea that the military finds out. If they don't find out and choose to take independent action, then certainly getting this case dismissed or reduced is in your best interest. My point is just that there is no method to ensure that nothing can be done by the military. Everything depends on whether or not they discover this issue.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 10 months ago.

Getting the wet reckless would still be a good idea though. It would help you in the civilian world, so it's worth obtaining, unless you actually think you have the facts to beat the case.

However, again, this will have no legal effect on your military situation. The military has the legal jurisdiction to take whatever action they deem fit, if they discover the facts here.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

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