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DUI not while on IDT/ADT as reservist
Last Post 04 Nov 2019 07:32 PM by Coastie2002. 18 Replies.
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FF/RNUser is Offline
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FF/RN

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27 Oct 2019 05:07 PM
    I was arrested for suspicion of DUI but not yet charged by the state attorney.  My enlistment is over March 1.  I need to extend for two months to have 20 years of credible service.  Essentially, if they do not rule me as eligible to reenlist or extend, I will have 19 years and 10 months of service and no retirement. COMDTINST's  on this matter are vague.  On one hand there are statements that only reservist  serving on IDT/ADT are   subject to  the UCMJ, yet other instructions say that you will be ineligible for extension or reenlistment.  This is very contradictory.  Any constructive thoughts/facts on this matter would help me out. Thanks
    FF/RNUser is Offline
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    FF/RN

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    27 Oct 2019 05:08 PM
    Also, the whole situation will be dropped on November 6 if charges are not filed as per the right for "speedy trial"
    CCCSDUser is Offline
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    CCCSD

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    27 Oct 2019 07:48 PM
    All they need to do is arraign you.

    FF/RNUser is Offline
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    FF/RN

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    28 Oct 2019 08:30 PM
    Thanks CCCSD for that elaborate answer. Who are "they"?
    CCCSDUser is Offline
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    CCCSD

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    28 Oct 2019 09:18 PM
    The DAO and court of the jurisdiction you were arrested in.
    CPORJMUser is Offline
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    CPORJM

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    29 Oct 2019 09:47 AM
    So I'm guessing when you were arrested for DUI, you were given November 6 as your appearance date? If so, then the arresting agency has until one court date prior to that to file the case with the DA's Office. Unless you receive some sort of notice stating otherwise, you should show up on 11/6. You don't need a bench warrant to compound your issues.

    Just so you're aware, the UCMJ was updated last year to cover Reservists when they're enroute to or from IDT/ADT, or while they're off duty on a drill weekend (i.e. Saturday night of drill weekend). Also know, that even if you weren't in a situation where the UCMJ would apply, you could be subject to an Administrative Investigation.
    "When a true genius appears in the world, you may know him by this sign, that the dunces are all in confederacy against him."-Jonathan Swift
    CCCSDUser is Offline
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    CCCSD

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    29 Oct 2019 09:55 AM
    Speedy trial is not applicable at this point.
    FF/RNUser is Offline
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    FF/RN

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    30 Oct 2019 08:34 PM
    Sppedy trial is applicable, unless you have more knowledge of the situation than my lawyer. I don't go to court, my lawyer does. He's went twice and the SA has yet to press charges, lawyer expects they will press chgs, but if they don't, chgs are dropped. The admin part is likely. Hopefully,some discretion and judgement will b used and I'll be able to get my 20yrs. Any kind of board is never a fast operation. It was an ex coastie that gave me the dui....... so much for taking care of your own. Does not surprise me nowadays. I would never give a BUI to a cop/FF/military member unless my hand was forced by someone above my paygrade
    CCCSDUser is Offline
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    CCCSD

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    30 Oct 2019 08:45 PM
    Until it’s arraigned, there is no speedy trial right. You MUST present yourself in court at sometime.
    DUI is an offense endangering the public. What makes you think a cop would risk their career and possibly be charged criminally just because the idiot got drunk and created the situation.
    AirDale13User is Offline
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    30 Oct 2019 10:35 PM
    Don’t make excuses for what you did. That ex Coastie was taking care of a lot of people by doing his job. I thought to retire as a reservist you needed enough points vice the TIS as a reservist. I could be mistaken.
    CPORJMUser is Offline
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    31 Oct 2019 08:36 AM
    Posted By AirDale13 on 30 Oct 2019 10:35 PM
    Don’t make excuses for what you did. That ex Coastie was taking care of a lot of people by doing his job. I thought to retire as a reservist you needed enough points vice the TIS as a reservist. I could be mistaken.


    Reservists just need 20 qualifying years (50+ points/year) to retire. That might be where you're getting the idea of a minimum number of points.
    "When a true genius appears in the world, you may know him by this sign, that the dunces are all in confederacy against him."-Jonathan Swift
    FF/RNUser is Offline
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    31 Oct 2019 03:33 PM
    Its been a pleasure discussing this with you guys. First of all, none of you geniuses have a sniff of an idea about the situation because I haven't even given a short description of any of the circumstances.....but you thought it was acceptable to call me an idiot and I guess I'm a drunk now too. I would be willing to bet it was pretty easy to make fun of you guys while you were in the military (if you even were) I guess the words "constructive thoughts" were too perplexing for you to grasp.........that is all I was asking for. You should be up having coffee or going to the gym in the morning instead of lurking on here and responding to posts before 8am. Maybe its time to get a hobby. I could be mistaken. Make up a cool quote from 1950,it will help with your narcissism.
    AirDale13User is Offline
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    31 Oct 2019 04:12 PM
    Posted By CPORJM on 31 Oct 2019 08:36 AM
    Posted By AirDale13 on 30 Oct 2019 10:35 PM
    Don’t make excuses for what you did. That ex Coastie was taking care of a lot of people by doing his job. I thought to retire as a reservist you needed enough points vice the TIS as a reservist. I could be mistaken.


    Reservists just need 20 qualifying years (50+ points/year) to retire. That might be where you're getting the idea of a minimum number of points.

    Ahh ok. I didn’t realize 20 years would add up to enough points. I got confused there.
    CCCSDUser is Offline
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    31 Oct 2019 05:46 PM
    Posted By AirDale13 on 31 Oct 2019 04:12 PM
    Posted By CPORJM on 31 Oct 2019 08:36 AM
    Posted By AirDale13 on 30 Oct 2019 10:35 PM
    Don’t make excuses for what you did. That ex Coastie was taking care of a lot of people by doing his job. I thought to retire as a reservist you needed enough points vice the TIS as a reservist. I could be mistaken.


    Reservists just need 20 qualifying years (50+ points/year) to retire. That might be where you're getting the idea of a minimum number of points.

    Ahh ok. I didn’t realize 20 years would add up to enough points. I got confused there.

    Some of us have been arresting drunk drivers for over 30 years...
    USCG Boat DriverUser is Offline
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    USCG Boat Driver

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    31 Oct 2019 11:52 PM
    The fact that you think the cop shouldn’t have done his duty and arrested you simply because he was once in the CG, tells us exactly what kind of person you are. You think the law/rules don’t apply to you. It’s clear that you have a bad attitude.

    It would be nice if they went ahead and pressed charges against you. The CG should then follow by taking the necessary action to deny you the chance to extend or reenlist. Your attitude, and failure to take responsibility for your actions are a shining example as to why you don’t deserve to be allowed to stay long enough to make it to 20 years.
    ACWestUser is Offline
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    ACWest

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    01 Nov 2019 08:24 AM
    Regardless of what happens in the civilian court system, it is still an alcohol incident, and can still affect eligibility to reenlist or extend. The arrest itself is required to be reported to the Command.
    reiss_pieces11User is Offline
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    reiss_pieces11

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    01 Nov 2019 04:23 PM
    Posted By FF/RN on 31 Oct 2019 03:33 PM
    Its been a pleasure discussing this with you guys. First of all, none of you geniuses have a sniff of an idea about the situation because I haven't even given a short description of any of the circumstances.....but you thought it was acceptable to call me an idiot and I guess I'm a drunk now too. I would be willing to bet it was pretty easy to make fun of you guys while you were in the military (if you even were) I guess the words "constructive thoughts" were too perplexing for you to grasp.........that is all I was asking for. You should be up having coffee or going to the gym in the morning instead of lurking on here and responding to posts before 8am. Maybe its time to get a hobby. I could be mistaken. Make up a cool quote from 1950,it will help with your narcissism.

    You asked for assistance on your topic and you got it.  The reason people were being "rude" was because you were being snarky.  Go back up through the thread.  Nobody started name calling or bashing you until you began being rude and sarcastic.  Treat people how you want to be treated.  If you treat others with respect, you will get respect.  Honestly surprises me you are not respecting the people taking their time to try to help you, since you have been in the CG and should know how to behave respectfully.  

    The cop was doing his job to protect others on the road.  He should not let something slide because you are in the military.  Yes, you are doing an honorable thing by serving, but the officer needs to do his job too.

    I am not sure what you expected to see as far as responses go here.  You messed up.  Take the blame and hope for the best.  Does not help to blame others.
    Keep Calm and Love a Coastie!
    Old Guard2User is Offline
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    Old Guard2

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    04 Nov 2019 02:12 PM
    FF/RN - I'm sorry. Not for the way you were treated on this forum but for your stupidity. You were driving drunk and you wanted someone to cut you a break??? Never. I could be driving down the road when you lose control and hit me in your drunken state. Worse, you could hit my child. Hell couldn't rain down on you hard enough if you hurt someone's child. I don't care if it was your first offense or your tenth. There is ZERO EXCUSE for this behavior. You call Uber, Lyft, a friend or crawl in the backseat of your car, no keys in the ignition and you sleep it the hell off. You do not drive and you do not expect someone to cut you a break. If a cop cut you a break, shame on that cop, ex-Coastie or any other branch of the military. I'm glad he didn't and I hope you receive the necessary and just punishment.
    Sector NY, Staten Island
    Coastie2002User is Offline
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    Coastie2002

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    04 Nov 2019 07:32 PM
    First off, a little humility goes a long way. Secondly, don't hide your DUI. Notify your command. If you knowingly conceal it and extend or reenlist anyways, you've committed fraud, on duty. That is a nice UCMJ violation.

    I am glad that Coastie did you a favor and locked you up. Based on your attitude and comments here, I'm sure you weren't pleasant to deal with either. You got what you deserved. You have a long time in the military, you should know better, but, stow the attitude, do what's right, and take your hits. Humility and integrity go a long way.
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