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I was stopped on on a military base for "using a cell phone"

I was stopped on on...
I was stopped on on a military base for "using a cell phone" I was not. The officers were being obvious curmudgeons and wrote me a citation. They stated they are enforcing the state law. One copy took my info and wrote down my base of record and implied that he would call my CO.I have read the statute and, even if I was on my phone, cell phone usage is a secondary offense. I have reached out to civilian representation but I am curious about the military/federal side.
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Answered in 2 hours by:
3/11/2018
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,567
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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I am sorry for this dilemma. But not sure I understand your specific question. What do you mean "federal side"?? What does that mean? Are you referring to UCMJ?

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Customer reply replied 1 month ago
The cops said they were federal police. I am not sure if that is UCMJ or not

Wait...how can you not be sure if you fall under UCMJ? Are you in the military? On active duty?

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Customer reply replied 1 month ago
I am just not sure what my rights are on a military base
Customer reply replied 1 month ago
I am Guard. I was going to the commissary in Annapolis (NEX) when I was stopped. There is no gate that I went through
Customer reply replied 1 month ago
Says United States District Court

Thanks
There is no federal law for cell phone use while driving. But federal court CAN enforce state law. So your federal court case will use state law to determine your guilt/innocence

IF you were in a duty status (so on drill weekend) then you could also be charged by your Guard command...but if they are bringing this case to federal court? It is unlikely your command will take acton.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 1 month ago
Thanks a bunch - that is what I understood.I was not in a duty status.We [family] knew the officer was out of line but I was not sure where my parameters were.Am I aloud to question them and statutes governing their behavior?For instance, if I am AEF somewhere I do what I am told and that’s it - no sassing. Was I out of line for pressing this officer?What is the complaint process?

You can question the cop if you like...though in my experience that is rarely effective. Much better to get past the interaction and then file a complaint. IF this is a bad cop? They will have other complaints on their record...at some point they will get fired (if people keep complaining)

Contact the Base Provost Marshal to complain...the cops work for them.

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Customer reply replied 1 month ago
My goal it to squash the ticket - and redeem any fees I incurred with Attornies, but I don’t wanna cut my own nose off despite my face militarily.

Hmm...I doubt you can "quash" the ticket. They are going to require you to appear. But what you are describing? You may well be able to win at trial. I would make the complaint to his superiors separate and apart from your trial...ideally, after you are acquitted, then you file the complaint.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 1 month ago
Notwithstanding the timing of the complaint, is there a more effective way to adds weight?
Customer reply replied 1 month ago
thank you in advance

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,567
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
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