With the right attorney and depending upon the jurisdiction, you may be able to get the charge reduced to reckless driving or negligent driving, then enter a diversion program where the charges are later dismissed. For most purposes, such a disposition does not count as a conviction. If you cannot find one lawyer to handle the whole case, it might be worthwhile to hire two: the absolute best criminal defense attorney for the civilian side and the best military attorney for the military side. It would be extremely rare to find one lawyer who is exceptionally well-qualified in both roles.Good luck.
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Just my opinion based on no facts at all... but I don't think it really matters. Presumably there would be a formal review board and I expect they'll be interested in what the original charge was, regardless of conviction. It might help marginally with an outstanding cadet I suppose, but I highly doubt it in this day and age. Of course Clarkson and Marist would know better than I.
2 separate issues:
1) Life/DUI: a conviction here is devastating to employment prospects within any conservative business, any government job, etc. Just about the only jobs that don't care about DUI are jobs that either don't pay very well, or are physical and dangerous in nature. Having this DUI charge reduced or dismissed is critical! Even insurance companies won't allow a company driver to be on a policy with a DUI within the past seven years, so no driving jobs either. Having said that, drinking and then driving doesn't mean DUI... it is possible your son was under the legal limit in the State where he was arrested. Don't convict your son in your own mind until the facts are straightened out.
2) Office Accession: the *only* ray of hope is that your MSIV is of legal drinking age. Everything else points to immediate (within the next three weeks) separation from the ROTC program. If I were your son, I would tell the PMS exactly what happened without drawing any conclusions about DUI or not DUI. Don't allow your son to convict himself any more than you should convict him before all the facts are clear. i.e. "Sir, I had four beers over 2.5 hours, and I am certain I was not legally drunk. I wouldn't have gotten behind the wheel if I had felt I were legally drunk. I realize this was bad judgment, because even though I don't think I was legally drunk, I shouldn't have gotten behind the wheel after drinking four beers."
1) Life/DUI: a conviction here is devastating to employment prospects within any conservative business, any government job, etc. Just about the only jobs that don't care about DUI are jobs that either don't pay very well, or are physical and dangerous in nature. Having this DUI charge reduced or dismissed is critical! Even insurance companies won't allow a company driver to be on a policy with a DUI within the past seven years, so no driving jobs either. Having said that, drinking and then driving doesn't mean DUI... it is possible your son was under the legal limit in the State where he was arrested. Don't convict your son in your own mind until the facts are straightened out.
2) Office Accession: the *only* ray of hope is that your MSIV is of legal drinking age. Everything else points to immediate (within the next three weeks) separation from the ROTC program. If I were your son, I would tell the PMS exactly what happened without drawing any conclusions about DUI or not DUI. Don't allow your son to convict himself any more than you should convict him before all the facts are clear. i.e. "Sir, I had four beers over 2.5 hours, and I am certain I was not legally drunk. I wouldn't have gotten behind the wheel if I had felt I were legally drunk. I realize this was bad judgment, because even though I don't think I was legally drunk, I shouldn't have gotten behind the wheel after drinking four beers."
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from experience...even if the charges are dismissed, he will still require a waiver to remain in ROTC (that's what JAG recently told us). If his commander, the brigade commander, and the CG can be convinced that he should be commissioned
So essentially an accusation can result in dismissal?
The way it was explained once to me was this:
If a cadet is accused of something but charges are never filed, an arrest never made, or a sitation never given, then it would not be an issue.
If the cadet is charged, arrested, or cited and then through the legal process the charges are dismissed, then it can be an issue depending on how the case was resolved.
I think it would have more to do with how the case was resolved. A cadet at my son's school was cited for a MIP because he was in a room with other students where alcohol was present. The campus police cited everyone in the room. The cadet had not been drinking and the others in the room wrote statements to that fact, after reviewing the statements the campus police recinded the citation. The cadet was upfront with the cadre and the campus police notified the ROTC Battalion that no citation was given and that was the end of it.
If that same cadet was given the citation and then through an agreement with the court he attended an alcohol counseling session in return for dismissing the citation then the original citation would still be on record and it would be an issue for the cadet.
I do agree with you though, a simple accusation should not be grounds for dismissal in my mind.
Cross posted with jcleppe.
It isn't like real life, Packer. This is the military. Even the hint of impropriety or conduct unbecoming an officer can get you booted.
Sometimes, how a unit handles a case for one ROTC kid won't be the same as for another who does the exact same offense. Punishment and consequences are not necessarily evenly applied across the board.
It isn't like real life, Packer. This is the military. Even the hint of impropriety or conduct unbecoming an officer can get you booted.
Sometimes, how a unit handles a case for one ROTC kid won't be the same as for another who does the exact same offense. Punishment and consequences are not necessarily evenly applied across the board.
Pima
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That's all you can do now as a parent. Whether they listen is a whole different ball of wax!
I do agree with Gojira regarding perception from a leadership perspective.
You must remember when that if a Commander goes to bat for the cadet/mid they are placing their name on the line too. They are also making a statement to every cadet/mid in the unit of what is and is not tolerated.
I do agree with Gojira regarding perception from a leadership perspective.
You must remember when that if a Commander goes to bat for the cadet/mid they are placing their name on the line too. They are also making a statement to every cadet/mid in the unit of what is and is not tolerated.