A soldier has 14 Years in service, E-6. With only 5 years left of his military career, he is arrested for DUI (State of Georgia). Attorneys are seeking a lessor conviction that will allow him to complete his career and avoid discharge, assuming a reduction to Wet/Reckless will still be considered a DUI conviction. Is there any other plea bargain the Army will not pursue discharge? This is 1st offense.Attorney has been retained, however they are civilian attorneys. The arrest has not been reported to the military at this point. The attorney wants to confirm if reduction to Reckless driving is treated the same by the Army as a DUI. In other words will a reduction to reckless driving be enough to avoid discharge. Is there a lessor plea bargain that could be negotiated to completely avoid the discharge?
Let the attorney find out. Either that or look for one who knows military law.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
FIRST, I'm not licensed to practice in GA and I personally don't know of one DUI attorney who practices in GA so I have absolutely no "horse in the running" ...
I've recently handled a gunnery sergeant with massive security clearances who was 15 years in. You have to fight this even if it means going to jury trial. My case, ultimately, all charges were dismissed after the case was sit for trial. Higher the best DUI attorney you can afford. Make sure they ONLY DO DUI and have a rapport for actually taking cases to trial.
If your civilian attorneys don't match this criteria, GET A NEW ONE.
I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
Your attorney needs to consult with an attorney who practices military law, and/or is familiar with the MCJ. If your attorney cannot do this I recommend having a consultation with an attorney who practices military 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.
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