VA Gun charge/DUI 1st offense Military

[monroe27]

Ok, 27 yr. old male, no convictions, civil or criminal problems at all. Took a cab to his truck (which was parked in a private parking lot, shopping center), chose to sit and sleep instead of driving drunk. I don't believe the parking lot had signs of "under jurisdiction of **** police dept" type of signs...Cop wakes him up, tells him to get out, arrests him for DUI and also tacks on a possession of a weapon, which was in the glove box. Registered, and a SC permit, but not a VA one. He was cooperative and polite. Any thoughts?

This kid has NEVER been in trouble and has been in the Navy for 6 years. It did NOT happen on base, but civil issues. The Navy is waiting to hear the outcome of the civil case for their decisions.

Are there any case laws that you know of that might help? He is a GREAT guy and this cop had a little power trip that day...

[AFFA]

Re: VA Gun charge/DUI 1st offense Military

I wish to inform you that DUI charges can be dismissed as 27 year old is not driving. Further charges for possession of weapon may be dismissed because Virginia State Police in its website provides that Virginia extends reciprocity or recognition to citizens holding both resident and non-resident permits/licenses from certain states which include South Carolina. Hence 27 year old may not be charged for possession of weapon.

AFF

[monroe27]

Re: VA Gun charge/DUI 1st offense Military

YES!! THAT'S WHAT I THOUGHT!! THANKS His first appearance was today and the judge postponed until Monday. The officer stated that he "watched him pull into the parking lot" which he did NOT. Then, he stated that he was "sitting" when explaining the situation again...so he's already perjured (sp?) himself. *******.

[Disagreeable]

Re: VA Gun charge/DUI 1st offense Military

The alcohol disability might play in. Next time sleep it off in a truck stop lot.

[shepard]

Re: VA Gun charge/DUI 1st offense Military

When I was stationed in VA they were always really tough on DUI and military. They used to have a state trooper come to our command and talk about DUI. If the keys weren't in the ignition and out of reach of 27 y/o, the court should dismiss it. As far as the navy goes, whether he is charged in civilian courts doesn't matter. They will consider it an alcohol related incident and he will probably go to some form of treatment. They have cracked down over the years and now if you get two ARIs you will be administratively separated. I just had my first ARI and am waiting to go to treatment.

[monroe27]

Re: VA Gun charge/DUI 1st offense Military

Thanks everybody He went to court the second time and it was dismissed!!! <3 Also, this is his 2nd ARI (shepard) and he wasn't given anything..Although we are still waiting for backlash...He had his first one on tour 2 years ago in another country...******* commander ran his mouth, my brother told him where to put it. Then hit him...It got ugly. LOL...he did his time and was still given coins by the US Commander...he's a REALLY good guy. Stands up for what's right and doesn't take **** from anybody. His attorney admitted 2 previous cases where the officers arrested persons in parked cars. The judge ran over the cases and dismissed his. Thanks for everything

It probably didn't help the officer perjured himself as well. LOL dummy...

[Disagreeable]

Re: VA Gun charge/DUI 1st offense Military

Arresting drunks sleeping it off in cars is situation and state specific. Though I agree "he" is only guilty of normal stupidity, he was lucky the judge viewed it that way also. Many times, the only difference between conviction and release is whether the keys were in the ignition.