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Speeding ticket...
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Picture of Bushmaster78FS
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I am such a big knucklehead. This week I am having my wife get a LASIK surgery so yesterday morning I was running her errands along with her, she had to be driven everywhere, anyways, I told my squad leader that I'd be back by the end of lunch, but her pre-op appointment was longer than I expected. So to make the long story short, I was running about 30 minutes late after lunch and was hurrying back, I got pulled over on post by a MP at Hunter AAF. 41 mph @ a 30 MPH zone. My world just came down crushing down on me, this is just what I needed. I sincerely don't violate traffic rules at all, I never had been pulled over before in my career. Now I am worried sh*tless that what if I get a UCMJ action. I drive an old car but now I am getting a GPS device to track my speed accurately. Also, I am also going to ask if I can get another defensive driving class since last time I got DDC was in 2006... This is absolutely my fault but nothing that I would need before I submit my Warrant packet. An article 15 would set me back and I would have to request a moral waiver. I am interested in hearing your insight about these things if you ever dealt with a similar situation before. Can a soldier ask not to get an article 15 if their previous track record is without blemish?

Thank you for your time.


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Posts: 16 | Location: Hunter AAF, GA | Registered: 19 December 2008Reply With QuoteReport This Post

Picture of Smittaayy
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What's the issue? You don't get UCMJ action for a speeding ticket! If there were other things involved like alcohol or if you were subsequently arrested because you have warrants or something, then UCMJ is definitely a possibility. Otherwise... how many tickets have you had in the past? When and where was the last one you got. If you don't mind me askin of course. And I only ask because if this is a recurring problem (i.e. you've gotten 5 tickets in the last 2 months) then you could have some issues with a suspended license.

About the whole warrant thing... when it tells you to disclose any convictions and legal problems, you do not have to disclose any minor traffic violations where the fine is less than $250.

On the flip side, if you were issued a DA Form 1408 (Armed Forces Traffic Ticket) and not a regular traffic ticket, then you should have reason to worry. While there is no monetary fine, a copy of it does get forwarded to your chain of command.


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Posts: 1300 | Location: Fort Sill, OK | Registered: 11 February 2005Reply With QuoteReport This Post

Picture of Bushmaster78FS
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quote:
Originally posted by Smittaayy:
On the flip side, if you were issued a DA Form 1408 (Armed Forces Traffic Ticket) and not a regular traffic ticket, then you should have reason to worry. While there is no monetary fine, a copy of it does get forwarded to your chain of command.


Sergeant, thanks for the reply...

No previous violations before. No alcohol no speeding, no violations. But you are right, it was an MP pulled me over and gave me the 1408. He said, no fines, no courts but this will be forwarded to your unit. That is why I am worried. I told him that I was doing a WO packet and asked if I would get an Art. 15, he said to just slow down, all they'd probably do is the same with a little louder tone. I do not have any previous tickets on any installation.


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Posts: 16 | Location: Hunter AAF, GA | Registered: 19 December 2008Reply With QuoteReport This Post

Picture of Smittaayy
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quote:
all they'd probably do is the same with a little louder tone.

I agree. If you are a straight and narrow soldier and you have a halfway decent chain of command, you'll be fine. Did he tell you why he gave you a 1408 instead of a ticket. That's kind of a dick move on his part. I use 1408s when a soldier gives me attitude or disrespects me, or if they are grossly violating Army Regulation. You get a couple of those, and now your CoC has a paper trail, and things like that are the perfect evidence for ART 15 justification. But... its officer discretion. In all reality, he was probably out of tickets and was too lazy to go get another ticket book. Roll Eyes Sorry man, just slow down I guess!


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Posts: 1300 | Location: Fort Sill, OK | Registered: 11 February 2005Reply With QuoteReport This Post


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Picture of ArmyReenlistment
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Something is seriously wrong if you get an Article 15 for a speeding ticket. Roll Eyes


It's YOUR career! Take control of it before someone else does.
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Posts: 7447 | Location: Joint Base Myer-Henderson Hall | Registered: 31 December 2004Reply With QuoteReport This Post

Picture of Bushmaster78FS
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quote:
Originally posted by Smittaayy:
I agree. If you are a straight and narrow soldier and you have a halfway decent chain of command, you'll be fine. Did he tell you why he gave you a 1408 instead of a ticket. That's kind of a dick move on his part. I use 1408s when a soldier gives me attitude or disrespects me, or if they are grossly violating Army Regulation. You get a couple of those, and now your CoC has a paper trail, and things like that are the perfect evidence for ART 15 justification. But... its officer discretion. In all reality, he was probably out of tickets and was too lazy to go get another ticket book. Roll Eyes Sorry man, just slow down I guess!


Thanks for the info Sergeant. I was very nice to this SPC, and he was nice back. A friend of mine in my previous platoon told me that the nice move would have been a warning instead of a citation that goes to your CoC. I agree but what can I do? In the back of 1408 it says you can go to your installation MP station to inquire more, I did and asked if I took corrective actions there is anyway to drop charges, the civilian cop said that you only got points and you won't get UCMJ for that. I am in a new unit on the same post so I do not know how my CoC will handle this. I guess I need to talk to my CO asap.


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Posts: 16 | Location: Hunter AAF, GA | Registered: 19 December 2008Reply With QuoteReport This Post

Picture of Smittaayy
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The key here is this-

A DD Form 1408 (Armed Forces Traffic Ticket) can be issued to military service members, dependents, government civilians or government contractors. DD Form 1408 tickets are issued to operators of government vehicles for all traffic violations and to the above listed personnel for violations that are specific to Fort Sill such as talking on a cell phone while driving. Commanders and Civilian Supervisors are the deciding authority on DD Form 1408, not a Federal Magistrate. Traffic points from DD Form 1408 are assessed by your commander, commander of the military family member's sponsor, or civilian supervisor and can result in suspended driving privileges.

DD Form 1805 (United States District Court Violation- or in other words, a real ticket) can be issued to anyone except operators of government vehicles and are for traffic violations that have monetary fines or require mandatory court appearances in Federal Magistrate’s Court. On receipt of the report of action taken from the U.S. Magistrate Court, the Provost Marshal assesses the number of points appropriate for the offense, and records the traffic points or the suspension or revocation of driving privileges on the person's driving record. Points will not be assessed nor will driving privileges be suspended or revoked when the report of action taken from the U.S. Magistrate’s Court indicates that neither disciplinary nor administrative action was taken.

If your commander wants to throw some points at you, he can. But its entirely up to him, and he doesn't have to. Let your first-line know and try to get an audience with your CO before it hits his desk. I'm sure he'd appreciate the heads up!

Good luck, keep me posted with the outcome.


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Posts: 1300 | Location: Fort Sill, OK | Registered: 11 February 2005Reply With QuoteReport This Post

Picture of Bushmaster78FS
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quote:
Originally posted by ArmyReenlistment:
Something is seriously wrong if you get an Article 15 for a speeding ticket. Roll Eyes


I think it is how the CoC sees it. I mean is this going to come to the Company or is it going to roll down, Brigade, Battalion, Company, if that is the case a lot of CO and CSMs will get ot know me too. What if they would want to make an example of me for 11 mph over the limit? There is no justification for doing the wrong thing, but giving the fact that my CO already assisted me for my WO packet, I don't want to appear like a scumbag. I need to see him for a letter of recommendation so I should disclose the info today...


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What really ticks me off that PLT leadership, including squad leader and platoon sergeant, doesn't seem to be interested. They brushed it off yesterday, saying probably nothing will come out of it. If I go to CO myself then I am in trouble my first-line as to why I skipped them, it is a big mess.


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Picture of Smittaayy
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There's an easy solution to that. I'm sure your CO has an open door policy, and in that case, all you have to do is tell your leadership that thats what you want to do. If that doesn't whip them into action, and/or they don't set up an immediate meeting with the CO for you, then they are wrong.


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Posts: 1300 | Location: Fort Sill, OK | Registered: 11 February 2005Reply With QuoteReport This Post

Picture of Bushmaster78FS
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quote:
Originally posted by Smittaayy:
There's an easy solution to that. I'm sure your CO has an open door policy, and in that case, all you have to do is tell your leadership that thats what you want to do. If that doesn't whip them into action, and/or they don't set up an immediate meeting with the CO for you, then they are wrong.


I went ahead and talked to my PLT sgt. I wanted to give him a heads up that I needed to talk to the CO. For my letter of recommendation anyway. I also told him that I was going to mention the ticket. He said that my squad leader is probably going to give me a counseling statement and that is about it.

My CO was happy that I mentioned it though. I showed him my DA photo, and asked about the LOR. He told me to get some pointers on a paper and just give to him. Then I mentioned the ticket and I told him it is the right and honest thing to do since he is giving me a LOR. He thanked me and said that he is going to get the ticket anyway and it would not have been good if I had the LOR but didn't mention the ticket. He also asked me if it was a first time offense. This was my first speeding ticket on post, so I said yes. I think I wrapped this up the right way. I don't have to worry anymore. Someone else also mentioned for 11 mph over, it should have been a warning. That upset me, why did this SPC wrote a ticket like this?


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Picture of Smittaayy
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Good job, you handled this situation well.

quote:
Someone else also mentioned for 11 mph over, it should have been a warning. That upset me, why did this SPC wrote a ticket like this?


I would say the complete opposite. Around here on Ft Sill, the unofficial standard is to give warnings for speeding violations 10 MPH over and less. 11 MPH over... I would have written you a ticket. Not a 1408 though. Like I said before... it was a dick move. At least the situation is resolved though.
 
Posts: 1300 | Location: Fort Sill, OK | Registered: 11 February 2005Reply With QuoteReport This Post

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I, too, am stationed at HAAF, and there have been a few new policies installed regarding moving violations like speeding. Now if these are solely for my brigade or are installation-wide I am not sure, but this is the info that was put out to myself and the other section sergeants.

For example, for every mph over the speed limit you are caught going when pulled over, you will be restricted from driving on post that many days.

If you are caught running a stop sign or going 20 mph (I do believe) over the speed limit you will automatically be restricted for 14 days.

If you are caught without a seatbelt or caught talking on your cell phone w/o a hands-free device it is an automatic Article 15.

This is in addition to your standard forms/tickets that you can receive. This makes me think it is simply a more localized command policy than an installation/division policy, but felt it was worth mentioning.
 
Posts: 1 | Registered: 15 December 2008Reply With QuoteReport This Post

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I heard the same "day for a mile" restriction, interestingly not from my company nor battalion, but my old unit, 603D. I think it is AVN BDE policy, so it should apply to my new unit 1-3ATKHB also. So I am expecting 11 days without driving to/from work. You know I can arrange something, I was 11 over, and that is the punishment, it is all good. Learned a lesson. My biggest worry was to get UCMJ. Now my CO didn't say what he was going to do, but since he said he was going to give me the letter of recommendation, I am thinking he won't go for UCMJ since that would be a set back for me. Well I hope not.


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