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If the military was going to prosecute him under some sort of federal statute (assuming that there is a federal statute relating to drunk driving--which I doubt), why would they bring local police into the situation?
This happens all the time up at the Water Gap. There's a private campground that allows alcohol (Bear Creek) as well as a restaurant and bar (Walpack Inn) all located within the Gap, which is patrolled by National Park Rangers and National Park Police. They might make the initial stop and arrest, but it gets handed over to the local jurisdiction after that. Your buddy may be a big dummy, but he's not going to ADX Florence over this.
You say his BAL was 3x legal limit.
Who gave him the test? local or federals?
It is somewhat common for feds to give out DUI tickets. federal parks, camp grounds, military bases etc.
But you go by federal DUI laws and go to federal court. not local court
Did he get a ticket? from who? local or federal?
I would look at the ticket very carefully.
If feds did nothing but give to local guys, he could fight it in local court
If feds gave ticket, he should go to federal court, local court has no jurisdiction
You say his BAL was 3x legal limit.
Who gave him the test? local or federals?
It is somewhat common for feds to give out DUI tickets. federal parks, camp grounds, military bases etc.
But you go by federal DUI laws and go to federal court. not local court
Did he get a ticket? from who? local or federal?
I would look at the ticket very carefully.
If feds did nothing but give to local guys, he could fight it in local court
If feds gave ticket, he should go to federal court, local court has no jurisdiction
NJ Statue - you loose your driving privileges in NJ only, for at least 2 years.
Federal statues - You are loosing your driving privileges in USA for a period no less then 1 year.
In both cases you are going have-to get help with alcohol abuse, in both cases there is mandatory jail (fed - 5 days of jail minimum) State (48 hours of jail minimum).
I am thinking that he needs a good lawyer.
I have heard that federal incarceration facilities might be a little better then state, just rumors I guess.
In my opinion, his drinking habits are an attempt to self medicate, people his age see doctors regularly and he does not.
That is not the Federal statute. That is a Federal law placing conditions on States to get Federal highway funding. For a military base DUI (by a civilian), the prosecution will be according to NJ laws but in Federal Court.
That is not the Federal statute. That is a Federal law placing conditions on States to get Federal highway funding. For a military base DUI (by a civilian), the prosecution will be according to NJ laws but in Federal Court.
So you are saying that he will loose his license for 2 years in NJ only ? Or will he loose his license in US for 1 year ?
So you are saying that he will loose his license for 2 years in NJ only ? Or will he loose his license in US for 1 year ?
Loss of drivers license is separate from the fines and jail time penalties imposed by the courts. It used to be that if you got a Federal traffic ticket, it didn't get reported to your DMV; the Feds are not members of the interstate agreements like the Drivers License Compact or the Nonresident Violators Compact. I don't know if that is still true. You'd have to ask a lawyer.
he will loose his license for 2 years in NJ only ? Or will he loose his license in US for 1 year ?
If is license is currently loose, I strongly suggest that your inebriated friend should secure it much better within his wallet.
After all, if his license is loose, it is possible that he could lose it.
Loss of drivers license is separate from the fines and jail time penalties imposed by the courts. It used to be that if you got a Federal traffic ticket, it didn't get reported to your DMV; the Feds are not members of the interstate agreements like the Drivers License Compact or the Nonresident Violators Compact. I don't know if that is still true. You'd have to ask a lawyer.
I do not think he can survive for 2 years without a driver's license where he lives. That is why I am trying to figure where he will be relocating to. The link above says "a suspension of all driving privileges". This to me implies he is going to loose his license in USA, meaning he has to move some-were urban. If he is going to loose his license in NJ only, he can move to PA, he lives like 1 hour west from Allentown.
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