DUI Arrest, possible outcomes are dismissed or negligence 1

Discussion in 'Merchant Marine Academy - USMMA' started by serviceacademy1234, Nov 28, 2014.

  1. serviceacademy1234

    serviceacademy1234 New Member

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    D/S is a junior at the academy, was arrested for a DUI but blew under the legal limit. Not sure if it will be dismissed or lowered to a reckless/negligent driving charge. With the outcome unknown is this to be reported immediately or after the case outcome is known? Would having a reckless or negligent driving charge be rules for dis-enrollment or prevent one from sitting for their license exams?
     
  2. cga82

    cga82 Banned

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    I would get a sea lawyer asap.
     
  3. serviceacademy1234

    serviceacademy1234 New Member

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    I was thinking a DUI criminal lawyer, why would you choose a maritime lawyer over a DUI lawyer?
     
  4. USMCGrunt

    USMCGrunt Member

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    Check Google for "sea lawyer"

    cga is perhaps suggesting (with tongue firmly planted in cheek) that this is not the forum to seek legal advice. I am not sure of the motive - just guessing.
     
  5. serviceacademy1234

    serviceacademy1234 New Member

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    I was just wanting to know to proceed, how my son should proceed if anyone has been through this before.
     
  6. USMCGrunt

    USMCGrunt Member

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    Sent you PM
     
  7. KP2013dramamama

    KP2013dramamama Member

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    Shipping companies do not like seeing any speeding records (car). My guess they wouldn't like seeing a DUI either. Millions of dollars in cargo, ship, etc are on the line. Keeping one's nose squeaky clean is important.
     
  8. beyond

    beyond KπΣ15'

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    Has he had any other alcohol related trouble at KP ?
     
  9. cga82

    cga82 Banned

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    Yes, I meant get someone who understands the repercussions of having an alcohol incident with regards to remaining at KP and if this will effect licenses (3rd/mate/eng etc).

    It's best to be as far out in front of this problem-the cost of counsel may be well worth it.
     
  10. LineInTheSand

    LineInTheSand USCGA 2006

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    is he 21+ years old?
     
  11. serviceacademy1234

    serviceacademy1234 New Member

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  12. kp2001

    kp2001 USMMA Alumnus

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    My recommendation would be to retain legal advice for the criminal proceedings. Things like DUI can cause all sorts of problems randomly in the future

    Sent using the Service Academy Forums® mobile app
     
  13. jasperdog

    jasperdog Member

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    1) Proceed with caution.
    2) DUI could potentially have impact on licensing and/or future employment in the maritime field. If at all possible getting that reduced to reckless/negligent driving would likely be better however understand what that means in terms of your state - i.e is that a misdemeanor? etc.
    3) Get a lawyer for the current charge and work to reduce it or get it totally dismissed if at all possible.
    4) Not sure if/when it would need to be reported - that will depend on what the charges are, etc. but my general advice if don't rush things - if at all possible know what the potential ramifications are before exploring the rest of the issues with the Academy. From a legal standpoint right now he's been charged but not convicted with what etc? No need to answer here that is a rhetorical question,

    Good luck.
     
  14. KPEngineer

    KPEngineer Eternal Father ...

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    Any legal convictions raises potential issues with USCG licensing. Read Section III of the License application CG-719K.

    The application asks if you have been convicted by "any court for an offense other than a minor traffic violation?" It also mentions reckless driving specifically and a conviction of a traffic violation related to DUI.

    The app definces conviction as - Conviction means found guilty by judgment or by plea and includes cases of deferred ajudication (no conte st, adjudication withheld, etc.) or where the court required you to attend classes, make contribution of time or money, receive treatment, submit to any manner of probation or supervision, or forgo appeal of a trial court finding. Expunged convictions must be reported unless the expungement was based upon a showing that the court’s earlier conviction was in error.

    Don't try to game the system in any shape, way or form by playing word games. I have heard of guys having the Coast Guard show up on board to revoke a license in person once they figured out that the mariner was less than honest on the application. "I didn't thank that applied to me" isn't usually a good enough excuse either.

    I could go either way on whether or not to tell the Academy. I can see good reasons to tell as well as to not tell yet. I doubt that DS will be able to get by without telling them at all, or at least them finding out. Them finding out on their own can be bad on its own. I can also see a scenario where the Academy determines DS to be un-licensable and so no reason to continue his course of studies. He should prepare himself for that as a possible outcome.
     
  15. jdcavo

    jdcavo New Member

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    There is a very good chance it will delay your sitting for a license exam. If you are convicted, when you apply for the Third Mate or Third AE license, you will need to provide:
    (1) Proof of completion of an accredited alcohol or drug abuse rehabilitation program;
    (2) Active membership in a rehabilitation or counseling group, such as Alcoholics Anonymous or Narcotics Anonymous;
    (3) Character references from persons who can attest to the applicant's sobriety, reliability, and suitability for employment in
    the merchant marine including parole or probation officers;
    (4) Steady employment; and
    (5) Successful completion of all conditions of parole or probation.
    [46 CFR 10.211(l)]

    Note that the Coast Guard defines "conviction" very broadly:
    ...If an applicant pleads guilty or no contest, is granted deferred adjudication, or is required by the court to attend classes, make contributions of time or money, receive treatment, submit to any manner of probation or supervision, or forgo appeal of a trial court’s conviction, then the Coast Guard will consider the applicant to have received a conviction. [46 CFR 10.107]

    Be very mindful of this definition when considering any plea arrangements. If you retain a lawyer, make sure they are aware of it.

    Inn addition to the above, a DUI conviction may make it extremely difficult to find employment with a towing company that makes voyages to Canada.
     
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  16. LineInTheSand

    LineInTheSand USCGA 2006

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    Just great to have someone from CGHQ actually responding to the question. BZ!
     
  17. Freda'sMom

    Freda'sMom Parent

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    I agree.

    Consider this question answered, by the person who has the authority and credentials to provide the definitive answer to the original question.

    (For those who don't know who Jim Cavo is and may question his knowledge of USCG licensing, google him.)
     
  18. AMF

    AMF Member

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    No disagreements here, but is there an Academy requirement for a M/N report what is now only an allegation? Obviously if it happened in NY, and the school becomes aware of it, that is another matter, but if the case has not been adjudicated, why would it be necessary to advise the school? If the charge is dismissed or reduced to a much lesser charge, would it have been wise to advise the school only what you have been accused of? Again, unless there is a school code requiring the student to "report any arrest/encounter with law enforcement", I do not see the benefit. I would certainly IMMEDIATELY seek the advice of aforementioned legal counsel.
     
  19. beyond

    beyond KπΣ15'

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    From the midshipman regulations:


    242. Arrest by Civil Authorities:
    If arrested, Midshipmen will notify the CDO and /or their Company Officer. Violations of civil law which cause absence due to arrest may be subject to consideration for charges as unauthorized absences from the Academy. Any midshipman arrested for a violation of law that brings discredit upon himself, the Regiment and the Academy in the process, may be charged for Conduct Reflecting Discredit on the Regiment of Midshipman.
     
  20. KP2013dramamama

    KP2013dramamama Member

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    Beyond, Line in the Sand, jdcavo, KPengineer, Jasperdog, kp2001 all should be listened to. They have a vast amount of knowledge and perspective to take into consideration. Through their healthy debates you will learn.
     

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