Military Base DUI Court Case Details
A Fleet ASW base Expeditionary Strike Group, active military man, loves a good 10% IPA beer. It does not take much to get you 2x over the .08% BAC legal limit in California. This is measured by PL-33, PL-36 Intoxmeters Inc. EC/IR-II breath test machine, after an officer-claimed a 15 Min. Observation.
At 2:00 a.m., the DUI client was placed in the back of the police vehicle. The test was done at only 2:14 a.m. Once the client was put in the back on the officer’s vehicle, the officer closed the door and walked off. Thus, the officer was not keeping visual contact with the subject in order to maintain a constant observation. Since the machine recorded that the test began at 2:14, this raised some questions. 14 minutes falls short of the 15 minutes of continuous observation necessary prior to testing. This is to ensure that the subject does not burp, belch or regurgitate gas. This was the officer’s mistake.
Subsequently, the subject’s mistake was arriving back on base smelling strongly of alcohol with bloodshot eyes. It came as no surprise when the client received a drunk driving detention at the gate. Our serviceman was simply unable to hide a San Diego DUI look.
Get out of your vehicle. Stand there. Do after me. Walk in a straight line. These sobriety tests are all going to tell whether you would be detained for a DUI and receive a citation. This citation will be for a notice to appear in the federal United States District Court in downtown San Diego at 333 West Broadway 92101.
This client had a prior out-of-San Diego-county DUI. However, he had been attending AA meetings as required. Taking responsibility and to show his dedication to being alcohol-free again, he went back to AA’s. He provided his lawyer with a record amount of AA meetings as proof.
It turns out our amazingly trained serviceman was a superstar instructor in pretty much every area: ship defense systems, advanced operator duties, strike group tactics, amphibious CIC boat control team training, OS J school, CCCCISE (Command, Control, Communications, Computing and Intelligence System Engineering), non-lethal weapons including OC Certification, Baton Employment and Close Range Subject Control Techniques.
Above all, the young man is also trained in suicide awareness and has completed the ASIST (Applied Suicide Intervention Skills Training) workshop.
DUI Case Results
During this court process, he paid $500 to the CVB (Central Violations Bureau) and submitted proof of more recent AA meetings. He attended more AA meetings than his attorney has ever seen.
Eventually, the prosecutor strongly pushed for a DUI conviction. It took lawyer reserved appearances and appropriate, strategic delay. Ultimately the DUI prosecuting attorney surprisingly – yet reasonably – settled for a favorable, reckless driving plea, California Vehicle Code Section 23103(a). Even though our DUI-free client technically did not drive in a reckless manner, one could statutorily argue otherwise. One could argue that he drove with a conscious disregard for the safety of others in violation of the charge’s section.
We Americans love and respect our active military; serving our country and swearing to uphold the U.S. Constitution.
We San Diegans appreciate our dedicated United States Navy and United States Marine Corps personnel.
We San Diego DUI attorneys are proud and honored to represent our service men and women working at or going through:
Camp Pendleton, California.
Thank you for serving. We can’t thank you enough.