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My son was enlisting in the navy, he was stopped for DUI the…

Customer Question
My son was enlisting...

My son was enlisting in the navy , he was stopped for DUI the judge discussed the case l however Megs put him off for a year is there anything that can be done ? or he just has to wait a year

Lawyer's Assistant: Are you overseas or stateside?

US

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

He just called from Meps and the decision was made toaday that he has to wait year is tthere anything that can be done now

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What is the charge for consultation

Submitted: 9 months ago.Category: Military Law
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Answered in 2 minutes by:
9/22/2017
Military Lawyer: Marsha411JD, Lawyer replied 9 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,877
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for the post and your question. Can you please clarify for me what is happening with his DUI case? Has he gone to court for his final hearing yet and if so what, exactly, was his sentence?

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Customer reply replied 9 months ago
we had hired the lawyer and he was put on the supervision ( not probation ) the judge was working with the recruiter and couple days ago he dismissed the case - so my son will be clear to go ( judge is for military ) anyway the DUI was changed to the traffic obstruction and subsequently dismissed
the Comanding officer of the recruiting station decided to bring this to the attention of MEPS and they decided that my son has to wait one year prior to joining the military ( is there anything else that could be done?
Customer reply replied 9 months ago
He supposed to report for training on October the 5th
Customer reply replied 9 months ago
I am trying to find out if there is any sence to work with military lawyer and trying to convince MEPS to change their decision
Customer reply replied 9 months ago
hello?
is anyone there?
Military Lawyer: Marsha411JD, Lawyer replied 9 months ago

I need to to hold on while I work on your answer. Please don't post again until you receive my reply. Thanks

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Customer reply replied 9 months ago
Ok the judge issued Dismissal and discharge from deferred Adjudication the Offence was obstruct passage way /roadway/WA
Military Lawyer: Marsha411JD, Lawyer replied 9 months ago

Thank you for your reply. Something isn't quite adding up in terms of the sentence. First, I see that he was put on supervision. That usually lasts for one year. If that is the case, then he wouldn't be allowed to be inducted on active-duty until that period was over. However, if he is no longer on supervision, then it becomes a discretionary waiver issue.

In the end, MEPS has the decisionmaking right here, so no amount of attorneys can force them to change their mind. Your son can ask for reconsideration, but ultimately it is the decision of the Command.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating of my efforts to provide you with the relevant information, the Site will give me credit for assisting you today. Thank you.

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