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First time offense Dui on base.

Saint Marys, GA |

I was in a Dui related accident on base. I am a military spouse. I wasn't used to driving the big truck I was driving and lost control on the vehicle and hit a small transformer box. I was then arrested and spent the night in jail. I had a breath test along with having my blood drawn at the hospital. Can my case be reduced and possibly dropped? Is that even a possibility? What will happen with the damage done to the transformer. I was turned over to the local sheriffs department and from what I understand I can't be charged by the local officer sand the base. Any help would be appreciated.

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Attorney answers 3

Posted

You cannot be charged by the military. However the United States Attorney can charge civilians and military defendants in the federal magistrate court. They can charge you for DUI or other moving violations.

Your questions are good. I would advise doing some community service right away; taking a DUI course right away; and going to an AA meeting. Doing these things will make negotiations easier, in the event that the case is not beatable based upon any possible missteps by the p

You need to hire an attorney familiar with these matters. I'm always happy to help.

Asker

Posted

Am I able to take a DUI course without having my license? It was taken the night of the arrest. I do have the temporary one but I'm not sure the requirements for that. I am willing to whatever it takes to help this get reduced. I am terrified for myself and my husband.

Steven P. Shewmaker

Steven P. Shewmaker

Posted

Yes you will be able to take a DUI risk reduction course with the temporary license, the form 1205 that you're referring to. It is not necessary to be terrified. You do need to be concerned, and you do need to hire an attorney to take care of this for you or with you rather. If you have a clean record, and this is your first offense; you will be all right. This is not to say that this will not be inconvenient and have some effect on you for the next 12 months. However in the long run this is merely a speed bump, if you hire an attorney and handle this responsibly and quickly.

Asker

Posted

Yes this was my first offense and I have no record what so ever. I appreciate all of your advice. I just want to stay out of jail and would like to have it reduced somehow.

Posted

Locals won't have jurisdiction on Federal property. Not sure if this is is Naval base or nearby Ft Stewart, so best to contact experienced, local DUI experts shown on this site.

I am an attorney, practicing throughout the state of Georgia, but primarily in the areas around Augusta, Statesboro and Savannah, Georgia. You may review more information about my practice by going to: http://www.avvo.com/attorneys/30809-ga-elmer-young-540135/reviews.html. The information I am providing you should only be considered for your general knowledge and educational purposes. Consider it as a good first step in your knowledge acquisition, but not as legal advice. Indeed, any information I provide is based on the extremely limited facts you have provided and new facts could substantially alter any answer or reply. My opinion should be understood to apply only to the laws of the State of Georgia. You should always consult with a local attorney about your situation if you live outside of the State of Georgia.

Asker

Posted

Me Young, yes it was on the naval base. The officers on base called the local police and they came. I'm assuming I was turned over to them completely. My citations are from the Georgia sheriffs department, not base police. Nor have I heard from base police regarding any of this. I am worried of what will happen with it taking place on a military base.

Asker

Posted

I am sorry for the typo. I meant to say Mr Young.

Posted

The locals can't charge you, but charges can be brought against you for DUI through other channels. As far as a dismissal, or the charges being reduced, that is going to depend on what your breath test was, what the blood test results are, if you performed field sobriety tests, whether or not you were read an implied consent notice, etc. You should meet with a local DUI attorney who practices DUI law.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.