Problem

Discussion in 'ROTC' started by Prospective USMC, Jun 10, 2013.

  1. Prospective USMC

    Prospective USMC Member

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    Hello-

    I understand that this was a massive mistake, but I was pulled over for speeding. I was ticketed with Reckless Driving after going 80 in a 55 zone, on a clear day, with very little traffic. I was very cooperative with the officer. This is my first ticket, and besides this I am completely clean.

    I am extremely nervous about this whole situation. Given how serious my state takes Reckless Driving, if I am found guilty of this, do I lose all chances of a Marine Option NROTC Scholarship? Does it matter if I am able to get the charges reduced? Even if I am not found guilty of the Reckless Driving, will it remain on my record and possible take away the Security Clearance? Is there some sort of waiver one could receive for either Reckless Driving, or Speeding? What fines need to be reported to the NROTC board?

    I understand these are quite a few questions, but as I said, I am completely terrified by the prospect of losing my goal as a Marine Corps Officer.

    Thank you for any advice.

    Sincerely,

    Prospective USMC
     
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  2. dunninla

    dunninla Member

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    Lots of threads about this sort of thing...

    Bottom line, hire an attorney, and if possible, one that is familiar with how the military handles different types of convictions or reduced sentences.

    These multiple threads also discuss when you are required to report this to your superior officers, assuming you are already in ROTC. I honestly can't remember if you must report when you receive the ticket, when you report to court, or when you are convicted.

    Oh, and yeah, if you don't get it reduced or thrown out, you are 98% to get separated from ROTC if you're in already, or disqualified from applying if you're still applying. There is zero tolerance for endangering other people's lives by your driving wrecklessly, or under the influence. Therefore, if the Wreckless stays as is without getting reduced, I'd start looking at other options.

    The thing that bothers me a little about your post is that you don't seem to understand that driving wrecklessly endangers other people's lives. YOu seem to think that because it was a clear day with not many other cars on the road makes it OK. I get that you're young, but ROTC is looking for future officers who have good judgment, even at age 16, 17, or 18. Driving 80 in a 55 doesn't show the proper regard for your own life, the lives of other drivers, or anybody else that might be on or near the road in the case that you blow a tire, hit an oil slick, or otherwise lose control of your vehicle, at which point your vehicle just became a 5000 pound uncontrollable missile.
     
    Last edited: Jun 10, 2013
  3. Pima

    Pima Parent

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    I agree, bottom line hire an attorney.

    Fact is you want to do it for 2 reasons. 1 is ROTC, the 2nd your car insurance.
    At your age, it is sure to jump, and that rate increase will most likely last for several yrs. In the long run the cost of the attorney will be cheaper than the cost of the car insurance rates.

    I believe, at least for AFROTC, the ticket is when you inform the cadre. I want to say it something like 48 or 72 hrs. It does not matter whether you are in school or not. It is basically the same rule for AFROTC as it is for ADAF.
     
  4. kinnem

    kinnem Moderator

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    +1 on hiring the attorney regardless of ROTC. There are insurance rates and fines to consider. I had a similar speeding ticket in VA on my way to my Mom's funeral a couple years ago. Got distracted while discussing my Mom with my DS and missed the reduced speed limit sign. Hiring the attorney saved me a bundle even after considering what I paid him.
     
  5. Pima

    Pima Parent

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    kinnem,

    I also hired an attorney. (70 in a 55. Just picked up our puppy Myrtle, and she was whining...got distracted). The cost was 275. He was able to reduce it to a non-moving violation, no fine. My insurance would have gone up @250 a yr. for the ticket. I had no points, on my record, nor a speeding ticket for 20 yrs+, but it was still going to go up 250 bucks because it would have been 3 points on my record and stay on my record for 3 yrs.

    OBTW, also if you have an attorney you might not have to show up for the court date. I didn't have to go to court. The attorney did it all for me.
     
    Last edited: Jun 10, 2013
  6. clarksonarmy

    clarksonarmy Recruiting Operations Officer at Clarkson Army

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    So, what did your cadre/ROTC instructor tell you when you told them about it??? You did let your chain of command know, didn't you??
     
  7. Pima

    Pima Parent

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    I am betting they have not informed the unit yet, which is going to be a big boo boo since it has been more than a month. I read too quickly and thought it happened on June 5th, not MAY 5th.

    As I said for AFROTC I believe it is 48-72 hrs. Reading your question clarkson, it appears that AROTC also has the same rules regarding tickets.
     
  8. Prospective USMC

    Prospective USMC Member

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  9. Jcleppe

    Jcleppe Member

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    That's what I figured since your post title was Prospective USMC.

    Talk to an attorney just to be safe, set a court dates and try and get the ticket reduced to speeding, not wreckless driving. If you record is clean so far then you may have that option.

    When you fill out your application there will probably be a box to check regarding tickets and such. Get the ticket resoved forst then list what the final outcome of the ticket is on the application.

    Don't drive 25 over the limit anymore, you won't get much of a break from the courts if you do this again.
     
  10. GoBlue1984

    GoBlue1984 Member

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    As I read the original post, I don't think he has an ROTC scholarship yet. It is unclear if he is a college programmer.

    Pima, I don't think he would be considered "guilty" until settled in court or settled by paying the fine. I don't know how that would enter in to informing his ROTC battalion but I would not think he would be obligated to do so until found guilty of the offense. It would be informative for one of the ROTC officers to chime in.
     
  11. clarksonarmy

    clarksonarmy Recruiting Operations Officer at Clarkson Army

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    OK...makes sense...probably going to require a waiver. Good luck.

    Just for general information. I know you are looking NROTC, but here is what Army Reg 145-1 says regarding ineligible for Army ROTC because of civil convictions. I would assume Navy is similar

    (3) A student who has a pre-trial diversion for a felony, any civil conviction, an adverse adjudication, or any type of court-martial conviction even though the record may have been sealed or expunged, unless a waiver is granted. These students excluding scholarship students) may be permitted to participate in the basic course without a waiver, but must have obtained a waiver prior to attending basic camp or enrolling in the advanced course. No waiver will be required for minor traffic offenses resulting in a fine of $250 or less, except when the applicant has accumulated six or more such offenses during any 12 month period. Waivers are not required for disciplinary actions in connection with the provisions of the Uniform Code of Military Justice (UCMJ), Article 15. Such disciplinary actions will be considered when evaluating the applicant’s character. In requesting a waiver, the student must list all the above proceedings, whether by military or civilian courts.
     
  12. Pima

    Pima Parent

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    The problem with forums like this people can read things differently. I took it since he was doing training at Quantico he was in NROTC, but did not have a scholarship in hand, and competing for ICS.

    Additionally, I agree with GoBlue, this is something an NROTC cadre member answer, because this is not AFROTC or AROTC. Every branch is a little different when it comes to things.

    I.E. I believe for AFROTC it is actually when the ticket is issued. It is not so much about presumption of innocence or guilt, but informing the det., that something may becoming down the line for them in a negative manner. It is keeping them in the loop. Not passing judgement.

    The OP has stated they are in HS. as a rising senior. I would get an attorney. Mainly because in VA, there are 2 categories for licenses, and they are a junior holder. This makes it even more imperative to getting one. Their car insurance is going to sky rocket. The earliest they can get a license in 16 yrs. That means on a good day he has held this license for a yr.

    One more ticket and depending on the points, it could be the loss of his license since he is a junior holder.

    Off topic, but I am also with dunninla regarding the speed. I travel on 66 almost daily. 70 is common, 80 is uncommon. You were booking. I don't think I have ever been on 66W at anytime of the day where I had clear sailing from 495 to exit 44 for 234. I have seen many do 80, and that was them weaving between cars.

    I am sure you have learned your lesson, but use it now to your advantage. Colleges will be asking for essays. Typical question is something that you have learned from and overcame the hard aspect in their life. This would be an excellent essay.

    Finally, JMPO, but here goes.

    The final reason for hiring an attorney. Going up for a scholarship is about everything in your life, and if they have to choose between you and someone else with the exact same stats, chances are they will choose the one with no issues.

    It is not skirting, lieing or hiding the truth if you pay for an attorney to defend yourself. Will it come up later for a TS clearance? Probably. The reason I say probably is they will ask you and your references if you have ever been charged? Have you ever had ANY trouble/issues with the police.

    It won't bite you if you are honest. Yes, I was ticketed at 17 for reckless driving, but my attorney got the charges dropped. They could ask your references the same question, and the answer will be the same for them. You hired an attorney and the charges were dropped. There was no conviction.
    ...which also goes back to when to inform question.

    It is going to be fine as long as you are proactive, not reactive. Also lighten your lead foot :wink:, doing 80 on 66 is not smart. My guess you don't travel 66 a lot. I can't tell you how many wrecks I have seen on a clear day.
     
  13. Mitemom

    Mitemom Member

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    On a side note. Is this a very congested road? 80 MPH in Dallas would be 5 MPH over the speed limit on most freeways. I didn't realize there were still 55MPH speed limits.
     
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  14. Full Metal Bulldog

    Full Metal Bulldog Citadel Class of 2016

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    I was thinking the same thing. Down here in rural FL I've never seen anyone pulled over for anything under 90. 85 is "moving with traffic" on I-4 between Orlando and Tampa.....
     
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  15. Wishful

    Wishful Parent

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    IMHO, the Virginia State Police are legendary for their “inflexibility.” This thread should serve as a warning to all members of this forum to strictly observe the speed limit when driving on highways under their jurisdiction.
     
  16. Strength and Honor

    Strength and Honor Member

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    Just going 80 on an interstate in my state, and had to move to the right lane to let people pass! Craziness!
     
  17. Jcleppe

    Jcleppe Member

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    If it's anything like Washington there are different speed limits on the freeway depending on where you are. Through urban areas the limit is 55, as you get father from these areas the limit raises to 70.
     
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  18. dunninla

    dunninla Member

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    Regarding posted speed limits:

    Yes, there are highways in the US with 55, 60, 65, 70, 75 and 80 mph speed limits. In Texas, the I10 has stretches between El Paso and San Antonio that are 80mph limits. Most states have 70 or 75 in open stretches not near much population.

    55mph means you're approaching a town, on a 2 lane, or on a road known for a lot of congestion. The speed limit exists for a reason. It is not an accident the road is not rated for 60/65/70/75 or 80 mph.

    Well, that's all nice to know, but trust all the posters here who said HIRE AN ATTORNEY! Do not handle this on your own. For all we know that stretch was a speed trap set up to boost local revenues. Or the last time you put tires on your car you accidentally put 31" diameter tires on when your speedomenter is calibrated for 30" tires, which makes your speedometer show 73 when you're really doing 80.

    Hire an Attorney. The best few thousand you will have ever spent.
     
    Last edited: Jun 10, 2013
  19. Pima

    Pima Parent

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    Just to answer this because the hwy is being questioned.

    RTE 66 where the OP was driving through is considered one of the most congested hwys in the US for commuter traffic. Depending the time of day and going E or W bound, you could be going 35 MPH. during rush hr. Which for 66 is 3 hrs long ( 6 a.m-9 a.m., 3 p.m to 6 p.m). 35 MPH is fast. 15 MPH is not unheard of...google longest commute in the US. Bristow VA, is the tops...they are exit 44 off of 66.

    It has multiple speeds, but 55 MPH. is the urban area because the exits are @ every mile or 2. It goes higher when the exits are further apart.

    As a realtor for No VA, and a child that attends college off of 66, plus another one that to get them to I had to take it to get to 495. He was cruising. My bet because he was going E bound early in the a.m. he used the HOV lane. However, like I said, I don't think I have ever been on that road, be it 8 a.m, 11 a.m or 10 p.m. clear sailing. He was the driver that would pass me as I was doing 65 in a 60, and thinking to myself....mile marker 46 they are going to nail you. Inevitably 5 mins. later that car was on the shoulder with a cop car.

    On 66, in 2 places they literally sit 2 cop cars, 1 East, 1 west. They sit and talk while waiting to nail someone. After they give a ticket, they do a u turn and come right back to the same spot they were at before.

    The point is not what is common, it is the law. He wasn't doing 7 miles over. He was doing 25 MPH over. Think of it as him doing 50 in a school zone of 25. I am betting when the OP or any poster thinks of it that way it has a different impact mentally.

    He needs an attorney. End of subject. He needs to get this off his record.
     
    Last edited: Jun 10, 2013
  20. dunninla

    dunninla Member

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    ^ minor correction about wrong tire size... the 7mph under-reading is for 31" diameter tires on a 29" diameter tire spec'd car (e.g. 2003 Ford Explorer). We have one of those in our family. Always have to remember if you do that (not recommended, but car bought used that way), that your true speed is a lot faster than what the speedometer says.
     

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