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Old 11-22-2015, 03:35 PM
 
Location: nYC
684 posts, read 502,430 times
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A friend of mine, got his second DWI. This time it was on Federal land.

Basically he was to drunk to even walk and drove into a military base that was likely on high alert (due to recent global events). Thankfully the military identified him correctly -"A drunk Idiot" and called police.

I recommended a Lawyer, but I am not sure what to expect from federal laws. I know NJ second offense DWI will suspend his license for 2 years and make him attend rehab and force him to install a breathalyzer in his car after he get's his license back. But what about federal laws ?

In the mean while I am telling him that he will be raped in jail ! But seriously, what to expect ?

Last edited by The5thOfNovemner; 11-22-2015 at 03:59 PM..
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Old 11-22-2015, 03:50 PM
 
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How many readers do you think will have experience in the matter? Your friend is an idiot, and deserves some prison time. As do you. Why weren't you charged for entering the military base?

Last edited by Mattie; 11-22-2015 at 05:17 PM..
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Old 11-22-2015, 04:06 PM
 
Location: nYC
684 posts, read 502,430 times
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Quote:
Originally Posted by Mattie View Post
How many readers do you think will have experience in the matter? You're friend is an idiot, and deserves some prison time. As do you. Why weren't you charged for entering the military base?
Sorry for the typo. I was not there, it happened on a week day. When we get drink together, I make sure he does not drive. I like to get drunk on a Friday night (but I don't drive drunk). I park my car for the night and only then touch alcohol.

Some jail time is mandatory according to NJ laws.

His blood alcohol level was more then 3 times legal limits.
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Old 11-22-2015, 04:06 PM
 
14,498 posts, read 17,380,849 times
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Quote:
Originally Posted by The5thOfNovemner View Post
Basically he was to drunk to even walk and drove into a military base that was likely on high alert (due to recent global events). Thankfully the military identified him correctly -"A drunk Idiot" and called police.

I recommended a Lawyer, but I am not sure what to expect from federal laws. I know NJ second offense DWI will suspend his license for 2 years and make him attend rehab and force him to install a breathalyzer in his car after he get's his license back. But what about federal laws ?


Don't you realize that you answered your own question?
By bringing local police into the picture, it is obvious that this case will be adjudicated under NJ laws.

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?

Think about it...


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Old 11-22-2015, 04:08 PM
 
Location: nYC
684 posts, read 502,430 times
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Quote:
Originally Posted by Retriever View Post
Don't you realize that you answered your own question?
By bringing local police into the picture, it is obvious that this case will be adjudicated under NJ laws.

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?

Think about it...


He has to go to a federal court for the charges. you are saying they going to refer his case to state courts ?
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Old 11-22-2015, 04:12 PM
 
14,498 posts, read 17,380,849 times
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Quote:
Originally Posted by The5thOfNovemner View Post
It's a federal court where the trial is going to be.

Yes, but they will undoubtedly be using NJ statutes for his prosecution, even though it is a federal court.
He needs a very good attorney, as well as rehab, and if he enrolls in rehab prior to his court date, his attorney can use this to--possibly--leverage a lighter penalty for him.


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Old 11-22-2015, 04:17 PM
 
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I don't think the feds have drivers license reciprocity with anyone. So he may not get a license suspension or the breathalyzer.
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Old 11-22-2015, 09:33 PM
 
Location: Earth
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your friend is so screwed. should have called uber
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Old 11-22-2015, 10:32 PM
 
Location: NJ & NV
5,401 posts, read 13,140,409 times
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I think we are all guessing because in reality anything could happen from absolutely nothing to harsher penalties than usual.

I once got caught driving on Federal land years ago and they issued me federal tickets but assigned it to a local court. Thought I was screwed but when I went to court the prosecutor just came over to me, said they have no jurisdiction on Federal laws and threw the whole thing out good bye.

However different animal, I know someone who got DUI'd in a National Park and they still applied the laws to them. Truth is I don't think anyone knows the answer because its not a common situation.
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Old 11-23-2015, 07:27 AM
 
Location: nYC
684 posts, read 502,430 times
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I have located this site: https://www.law.cornell.edu/uscode/text/23/164 As pier this site his driving suspension is might only be for 1 year, but it's going to be nation wide. NJ State will give him a 2 year suspension but it's NJ only, he can move to a different state. (where he lives, he is not going to survive without a license, he will need to move, to either another state where he can drive or to where there is public transportation. )
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