A Camp Pendleton California DUI can result in the issuance of 2 or more types of citations – (1) DUI or driving related citation(s) for San Diego Court and (2) on base driving privilege citation(s).
Q. “Can I be convicted in court AND on base for the same thing (DUI)?”
The Camp Pendleton Base Magistrate cannot convict you on base of DUI because only the United States District (Federal) Court in San Diego California can preside over a criminal or DUI case and possibly convict you.
The government lawyers who prosecute federal DUI cases in San Diego California’s U.S. District Court are “SAUSA” (Special Assistant United States Attorneys). This process has been confirmed by at least one 1st Lt. USMC (United States Marine Corps) attorney while he was prosecuting DUI cases in federal court in San Diego California.
The Base Magistrate Court is purely administrative, not criminal. The Base Magistrate only has jurisdiction over the privilege of driving on base.
Under Marine Corps Order 5110.1D, the Base Magistrate is required to have the driver appear in the Base Magistrate Court if cited for a DUI on base. However, there are no criminal or misdemeanor DUI ramifications in Base Magistrate Court.
Often the citations issued are the questionable “Armed Forces Ticket” and the important US District Court Violation Notice. A Preliminary Suspension of Driving Privileges notice may also be issued.
It is a wise “war chest” expenditure to hire an aggressive San Diego DUI lawyer to handle the U.S. District Court Violation. That downtown San Diego California DUI court date will be sent in the mail at a subsequent date.
SAUSA prosecutors have said it is a waste of time and money for a San Diego DUI attorney to appear in the Base Magistrate Court, according to one former Captain who prosecuted Camp Pendleton DUI cases in San Diego for years; at that time the Base Magistrate was Mr. Pete Davis.
That is because there is nothing a San Diego DUI lawyer can do to affect any on-base suspension of driving privileges; that is the only (administrative) action that can arise out of Base Magistrate Court. The Preliminary Suspension of Driving Privileges notice may begin that process.
To stop or terminate the Armed Forces Ticket, the Base Magistrate is required to sign off on the dismissal, according to Trial Counsel, LSST Camp Pendleton, Marine Corps Base Camp Pendleton, California. The Base Magistrate will need the name, ticket number, and incident date. That can be done when the cited driver shows up at the Base Magistrate Court for resolution of the on base driving privilege issue.
A Base Magistrate cannot work for a driver or get criminal or DUI charges dropped at the United States District Court in San Diego California. The Base Magistrate may say or think it is “double jeopardy.” But one is criminal (DUI); the other is administrative (on-base driving privileges).