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Advice for the Lawless...

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contradickshon

purgatory
I feel like a dips**t here bringing this up, but here goes...

I am planning to resubmit my application for pilot and NFO with the navy (submitted last January). As it is I was charged with a DUI last may. I know, I know. BUT...

I think my application is strong though. All 9's on the ASTB with a 59 OAR; strong PRT; strong lor's: prior and current pilot, navy chaplain, senator; h.s./college mulitsport athlete, community service history, several leadership positions through h.s. and college, etc.

Furthermore, I was sitting in my parked car on a cell phone when I was contacted by the officer. The 'Potential' to control the vehicle landed me the charge. The motor vehicle division dismissed the charges on the basis that the arrest was a violation of 1st amendment rights consequently no sr-22, loss of license or driving record. As far as the criminal charges, the DA offered a deferred sentence which means a guilty plea with a 1 year probationary period after which the charges will be dropped pending no further trouble. I could take it to court with a strong cahnce at winning but my recruiter and lawyer both say "no"...take the deferred sentence.

If you have any advice at all, please help...should I take the deferred sentence? How should I handle this in order that the situation is best presented to the selection board? Am I just screwed?

Any help at all...thanks, guys.
 
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Sins

Registered User
I submitted a strong package to Marine OCS. My ASTB was not quite as high but everything else seems similar to your stats and experience. I was not selected. Even though my waiver got signed, I'm guessing that it was the DUI from 3 years ago - now dropped/dismissed - that kept me out.

If I could, I would do everything possible to avoid the conviction.

You know that you can't join the military if you are on probation, right? Or within 6 months of being on probation? I don't know how old you are but if your plead guilty tomorrow, that's at least 18 months before you can submit. Also, that DA's deal doesn't sound like that great of a deal. Sounds standard like issue DUI punishment to me (well there is usually also a fine and some community service).
 
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Phiman

Registered User
I can't tell you what to do in regards to submitting your package with the DUI. But from a strictly legal aspect, do not plead "guilty", if all else fails plead "no contest". It is in your best interest in the long run not to plead guilty. Any guilty conviction, if you are or aren't, is bad. By the way, do you have a lawyer or Public Defender, what is his/her take on the situation? Good luck.
 
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spongebob

Registered User
Don't stress. That charge should not hold you back from anything. You sound like a smart guy and a very hard worker and you will achive what you want.

I think you should get yourself a good lawyer (that usually means expensive) and ask him/her. Don't listen to anyone else, they won't really know what they are talking about.
 
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utrico

Applying for OCS
I would have to agree with those that said get a lawyer. I had a shoplifting thing on my record and if I had gone in the court room without a lawyer I would have been screwed and I was completely innocent. I ended up getting the charges dropped and expunged from my record. I think the DUI is a big deal even if it does not affect the Navy it could hurt other job prospects in the future. Bottom line, get a lawyer, pay the money and it will be worth it.
 
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contradickshon

purgatory
My best friend is a Denver Police Officer: He HATES defense lawyers. I don't particularly like the guy I hired, but I believe in defense lawyers like I believe in snow at the south pole. This guy has more than paid for himself.

It sounds like on December 18th I will plead 'no contest' to the charges of dui and accept a deferred sentencing from the people of Larimer County. Neither the charges nor the plea will be filed. I will do community service (which has the potential to be a very positive opportunity anyway), pay court costs, and go under unsupervised probation for one year after which time I will go before the judge and pending no further trouble the case will be dismissed as if I had won it out in court.

Sounds like some of you have had similar situations. I hope all worked out. Thanks a bunch for the advice and moreover, the encouragement. Hopefully persistence and determination can compensate for the inhibiting things. We always got that, right?
 
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