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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have gotten a DUI on the civilian side but the tickets

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I have gotten a DUI on the civilian side but the tickets haven't been put in the system and I didn't get a court date but the military is trying to chapter me before any decisions have been made by the civilian court.. is there anything I can do to prevent that? This is my first misconduct while being in the military
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Regardless of the outcome of the civilian charges against you, your command has a right to take administrative disciplinary actions against you. The outcome of the civilian case does not have an impact on the military administrative punishment. The military administrative punishment is based on conduct unbecoming and your being involved in the civilian incident to begin with. So in order to overcome the military administrative punishment you would need to provide proof to your command that you were not intoxicated at the time of the alleged offense and the charges themselves were actually invalid, not merely the outcome of the case in the civilian court (since dismissal or not guilty does not mean it did not happen and the standard of proof is different, in civilian court it is beyond a reasonable doubt, but for administrative punishment is is merely a preponderance of the evidence which is much less difficult to prove).
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