ROTC speeding ticket

Discussion in 'ROTC' started by Matt21, Feb 15, 2016.

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  1. Matt21

    Matt21 New Member

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    Okay, so here's the rundown on my situation. On Friday I recieved a speeding ticket in Illinois going 98/70. I plan on transferring to a 4 year university. I have already started my paperwork, but have not yet been contracted or gone through CIET. My court date is next month. My questions are.. How will this affect ROTC plans in the future if it is put on my record as a misdemeanor, also should I tell my Cadre now or wait until I find out the verdict of the situation.
    Any help is appreciated.

    - Thanks
     
  2. AROTC-dad

    AROTC-dad Just a dad

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    I would be prepared to fully inform your cadre regardless. Depending on the penalties, it shouldn't be an issue so long as you stay out of trouble from this point forward.

    Here are a couple prior threads on the subject:
    http://www.serviceacademyforums.com/index.php?threads/speeding-ticket-an-rotc.43868/

    http://www.serviceacademyforums.com/index.php?threads/speeding-ticket-freaking-out.32208/

    Here is another situation, much worse that resolved favorably. You may wish to consider consulting with an attorney who has a military background.
    https://www.reddit.com/r/ROTC/comments/3i3roq/violations_how_it_affects_rotc/
     
    Last edited: Feb 15, 2016
  3. BigBillNY

    BigBillNY Member

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    Definitely inform your cadre. I'm not sure about Illinois proceedings, but in NY they often let you plead guilty to a lesser offense if it's your first ticket. It may be worth going to court to see if that can happen. Oh yeah, SLOW DOWN. Speeds that fast don't allow for any errors and will kill you and whoever is in your car.
     
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  4. Matt21

    Matt21 New Member

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    Even if technically I am not even admitted into the program yet until I go to camp and finish my paperwork, I should or should not tell my Cadre?
     
  5. Oldsalt

    Oldsalt Member

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    Spend the money and get a local attorney. Call the court clerk, explain to them your situation. Ask them to recommend a local attorney. They usually can't, but will send you a list. Ask them if they know if any on the list have military experience. They will usually answer that question or hint as to the correct answer. Expect to pay ~$100 for the attorney and a fine equal to what your penalty would have been. Worst case you'll get a suspended sentence with probation. Best case, you'll get a pass. Still expect "court costs" if you get a pass.
    I wouldn't contact the unit until it is resolved. Innocent until proven guilty.
    Others will have opposing opinions.
    Good luck!
    OS
     
  6. -Bull-

    -Bull- Member

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    What was the other guy driving? Did you win?
     
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  7. Matt21

    Matt21 New Member

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    I contacted a lawyer near me and he is going to make some calls to the county that this happened in. Hopefully it will work out for the best. Definetly biggest mistake I have made especially with the passion I have towards joining the military.
     
  8. Kylar33

    Kylar33 Member

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    Nope, he lost to a supped up AMC Pacer.
     
  9. AROTC-dad

    AROTC-dad Just a dad

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    This is from CSU Dominguez Hills AROTC eligibility website: (bold is mine):

    Eligibility
    Basic eligibility to participate in the program include:
    Age: 17-32 (scholarship Cadets must be under 31 by 31Dec of their commission year)

    Citizenship: US citizen or a US permanent resident close to obtaining citizenship

    Dependency Status: Single with no dependents or married with up to three dependents

    Moral Qualifications: No excessive and severe law violations. Applicants cannot be in current probation. Common citations such as speeding tickets are waiverable.

    GPA: 2.5 cumulative to qualify for a scholarship. 2.0 to maintain the scholarship

    Student Status: Must be a full time student at a college or university at all times.

    Height and Weight: Must meet Army height and weight requirements.

    Medical: Must pass an Army Medical examination conducted at local civilian facilities.

    Fitness: Applicants must pass the Army Physical Fitness Test

    Source:
    http://www4.csudh.edu/cbapp/departments/army-rotc/
     
  10. Matt21

    Matt21 New Member

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    "No excessive and severe law violations. Applicants cannot be in current probation. " depending on how this is played out in court it may fall under this quote.
     
  11. noketchup

    noketchup Member

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    I think 30 over in Illinois is a felony, so you should be OK.
     
  12. KP Eng

    KP Eng Member

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    Hahahahaha. I love this thread. So people are recommending you contact a unit of which you are not even yet a member to let them know you got a ticket for which you have not yet been convicted. Take a deep breath, pay your fine, and go on with your life. If in the process of filling out paper work for ROTC you have to answer if you have moving violations on your license, check yes and in the details sections put speeding 2/2016 paid fine. If that is the worst thing you encounter in your career, consider yourself lucky.
     
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  13. Year2020

    Year2020 Member

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    If it's your first ticket you should be ok...plead not guilty with an explanation. I know someone who did this and claimed the explanation for her was stomach cramps and she had to get to a bathroom.
    The ADA in traffic court or whatever their title is lowered the ticket to a tailgate. Am not sure of the point difference but my point is fight it yourself. I don't think you need
    a lawyer....also tell Cadre. It will be ok. But most important as someone said above slow down. No room for mistakes at that speed. Good luck.
     
  14. Matt21

    Matt21 New Member

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    I know it doesnt sound like a big deal because I have not yet been admitted, but the question is will it affect if I am even still allowed to be admitted into the program?
     
  15. soccmomer

    soccmomer Member

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    Are you currently in ROTC at the school you attend now? Those are the Cadre you would tell. You would be surprised the number of kids that get speeding tickets. My DS included! He was already contracted, informed his cadre right after it happened. They said thanks for telling them, and that was it. Meanwhile our local family lawyer handled the ticket in the town it happened in, and since it was a first ticket( 20MPH over), it was reduced to a non-moving violation with a stiff fine....but no points on the license. He paid the fine and lawyer fees. Next ticket, he starts paying for his own insurance policy!
     
  16. Matt21

    Matt21 New Member

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    Not currently no, I am going to be a transfer student so I just started the paperwork and testing. I was just worried about if it does become worst case scenario a misdemeanor that I will not be allowed to do ROTC with that on my record.
     
  17. EOD/SEALmom

    EOD/SEALmom Member

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    My DD got a speeding ticket this past fall, shortly after she completed her USNA app (though not nearly as far over the limit as yours - GEEZ, slow down!!!).

    DD was in a panic that she may have ruined her USNA chances, and she called her BGO. Told the BGO she got the ticket, would accept responsibility and pay the fine herself. The BGO said she appreciated her honesty and would make a note in her file but not to worry about it.

    I think your best tactic is to be honest, accept that you did wrong. Pay the fine, take the points, don't try to hide it with a lawyer. Tell your cadre, either now or when you sign.

    Honesty is always the best policy :)
     
  18. AROTC Parent

    AROTC Parent Member

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    AR145-1 Link below the extract. Read paragraph 3-3 of the linked regulation.

    (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.

    When you report the traffic offense later when joining ROTC make sure you take responsibility/ownership of the offense and report the $ of the fine. The court costs are generally not part of the fine. Old Salt gave good guidance above.

    http://www.apd.army.mil/pdffiles/r145_1.pdf
     
    Last edited: Feb 15, 2016
  19. KP Eng

    KP Eng Member

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    A single garden variety speeding ticket will not adversely affect you. Now if during the stop you had a shoe box full of crystal meth, sawed off under the seat, and a body in the trunk, you may find yourself looking at an unlikely waiver.
     
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  20. brovol

    brovol Member

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    As a judge I can tell you that , at least in my state the ticket would be considered a civil infraction, and not a criminal misdemeanor. Arguably it could be enhanced to a reckless driving, which is a misdemeanor, but the prosecutor would need to do that. Perhaps it is different in Illinois, and I am certainly no expert beyond the confines of Michigan, but I would be surprised.

    Assuming it is a civil infraction, there are infractions which are reportable to the state, and others that are not. Your dream situation would be to negotiate to a non reportable infraction, if possible. This will depend largly on the kindness and sympathy, and perhaps the policy of your prosecutor. A small county prosecutor typically has more discretion that a large city prosecutor. Your prior driving record will make a big difference, as will your circumstances, including your status as an ROTC cadet.

    I would promptly hire a lawyer from that area who has a good relationship with the prosecutor's office.
     
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