Semi-Complicated waiver question involving DUID and possession of marijuana...

To avoid reading this background info. a simple answer to this question will make it easier: Can I get a waiver for a reckless driving charge when it was reduced from a DUI (marijuana)?


Hey everyone, I've been doing lots of research and I'm currently in the middle of figuring out how to go about my case. So, my initial arrest occurred last weekend. A quick backstory of what happened- My friend wanted to hang out after I got off work. She tells me she's quitting smoking because she's pregnant and wants to smoke with me and give me the rest of what she had. I only smoked a bowl with her and tell her that's all because I was very tired. I work 6 days a week, wake up at 3:30am to start at 4am and suffer from insufficient sleep. This happened on a Saturday when I start at 7am, but I partied the night before and was running on 4 hours of sleep after working, plus being dehydrated. I don't normally smoke or drink, my friend(different) just happened to throw a party the night before, so I went.

Anyways... I'm getting charged with speeding, DUI(drugs), and possession of marijuana. I approached a lawyer and recruiter immediately the next business day (Monday) and the recruiters I spoke with weren't all that clear on the DUI case. They told me the possession charge will need to be fully dismissed with no conditions and told me that if I get the DUID reduced to reckless driving I would be able to get it waived. I'm confused at this point because I heard any drug-related offense will bar me from enlisting and although the DUID gets reduced, the military will still consider me guilty of the initial charge (DUID). My lawyer is a former U.S Army Judge Advocate General Corps and he's working with me as I informed him of my situation and plan to join the military (Army or Air Force). He said the possession charge would be easier to get dismissed, but the DUID would be harder to drop.

Another note is that the arresting officer seemed to have a soft spot as I exclaimed during the arrest if the charges would affect my eligibility to join the military. He told me it would only depend on the recruiter as some don't tolerate drugs whatsoever... He was totally wrong about that, but he was prior service and told me it would probably go down to reckless driving (without knowledge of me getting a lawyer). I believe I have a strong case to AT LEAST get it reduced to reckless driving. I'm just concerned that I would still get barred and need to get the charge absolutely dismissed under no conditions. If that isn't the case, then I can be at ease a bit since I feel confident about getting a reduced charge. I'm also in college, meaning with a drug related offense I will lose my financial aid as well.

Before any people criticize me for my mistakes, I'm already dealing and learning from them and simply put: I hate weed with a passion now.

Thanks for any advice, it is much appreciated as this is consuming my mind and could use some insight...and thanks for taking the time to read all of this if you actually give a reply to the thread and not just the title.
Original Post
I think its funny how so many people go see a recruiter the next business day after getting in trouble...i saw it so many times in recruiting...

To answer your questions, if it has anything to do with drugs they wont grant you the waiver, so the possession is a complete NO, the DUI will be tricky because it will depend on what the paperwork says, of course if you are truthful when attempting to get the waiver for it, even if the paperwork says nothing of it, you would say "oh it was a DUI drug related that was dropped to reckless driving" and they would almost guaranteed say "no".
quote:
Originally posted by Austin_Q92:

...all because I was very tired. I work 6 days a week, wake up at 3:30am to start at 4am and suffer from insufficient sleep. This happened on a Saturday when I start at 7am, but I partied the night before and was running on 4 hours of sleep after working, plus being dehydrated.



Sounds like excuses. I'm not getting on you, I'm just saying that the charges are on paper and do not reflect what circumstances may have been at play when you made these decisions.
quote:
Originally posted by TransAm95NCO:
I think its funny how so many people go see a recruiter the next business day after getting in trouble...i saw it so many times in recruiting...

To answer your questions, if it has anything to do with drugs they wont grant you the waiver, so the possession is a complete NO, the DUI will be tricky because it will depend on what the paperwork says, of course if you are truthful when attempting to get the waiver for it, even if the paperwork says nothing of it, you would say "oh it was a DUI drug related that was dropped to reckless driving" and they would almost guaranteed say "no".


The possession charge will be dismissed without conditions, so it actually is possible from what I heard on that part. The DUI will show up as DUI (e) where the (e) is the sub section stating under the influence of drugs.

Also, I don't see how it's "funny" to go right after getting in trouble. I find it to be the more responsible thing to do considering I've been serious about joining.

and to SGT Smitty- thanks for the info. The best thing to do, apparently, is to contact a different recruiting center outside of my city since the ones here aren't clarifying anything for me...and I need this info from a CURRENT recruiter.


p.s. The city I live in is gang-ridden and the recruiters deal with tons of people far worse than anything I have been charged for. I have a feeling they'll be willing to work with me.

Thanks everyone for the replies, regardless.
quote:
Originally posted by Austin_Q92:
To avoid reading this background info. a simple answer to this question will make it easier: Can I get a waiver for a reckless driving charge when it was reduced from a DUI (marijuana)?



Anyways... I'm getting charged with speeding, DUI(drugs), and possession of marijuana. I approached a lawyer and recruiter immediately the next business day (Monday) .


you did not say you were already trying to enlist, you said you got in trouble and "approached a lawyer and recruiter immediately"...that sounds like "i hope i can tell the judge im joining the Army and they will drop all the charges, seen it plenty of times from my time as a recruiter...im so sorry i am not a CURRENT one, those of us that actually joined do many different jobs and my time as a recruiter is done.

and you are dq from the fact your charges are related to drugs...maybe the marines are still doing drug waivers, maybe they are not.
quote:
Originally posted by TransAm95NCO:
quote:
Originally posted by Austin_Q92:
To avoid reading this background info. a simple answer to this question will make it easier: Can I get a waiver for a reckless driving charge when it was reduced from a DUI (marijuana)?



Anyways... I'm getting charged with speeding, DUI(drugs), and possession of marijuana. I approached a lawyer and recruiter immediately the next business day (Monday) .


you did not say you were already trying to enlist, you said you got in trouble and "approached a lawyer and recruiter immediately"...that sounds like "i hope i can tell the judge im joining the Army and they will drop all the charges, seen it plenty of times from my time as a recruiter...im so sorry i am not a CURRENT one, those of us that actually joined do many different jobs and my time as a recruiter is done.

and you are dq from the fact your charges are related to drugs...maybe the marines are still doing drug waivers, maybe they are not.


Thanks for all the wonderful help and insight. Well that's not the case that I'm simply trying to get my case dropped and using the military as some bull shit reason for sympathy. No need to be sorry about not being a current recruiter, you did your service already and I appreciate that but I really need current information regarding the waiver regulations. I have a friend in the Marines so I can talk to him, but I'm honestly not too fond of the Marines or Navy. I'll look into, though.

They are charges, not convictions. I'm fighting this all the way through, I'm not afraid to stand in front of a jury if I have to.
This won't help you Austin, but on a side note after being in the Army on two initial enlistments I realized something. Coming into the Army all depends on timing.

I joined in 2002 right after 9/11. I had 2 posessions of less than an ounce, a tresspass and a resisting arrest, along with a slew of failure to appears. I've been in for almost 10 years and I now have a TS clearance and a pristine record in the Army.

Unfortunately, Austin, it's just a bad time to try to get in the Army.
quote:
Originally posted by SGT Smitty:
This won't help you Austin, but on a side note after being in the Army on two initial enlistments I realized something. Coming into the Army all depends on timing.

I joined in 2002 right after 9/11. I had 2 posessions of less than an ounce, a tresspass and a resisting arrest, along with a slew of failure to appears. I've been in for almost 10 years and I now have a TS clearance and a pristine record in the Army.

Unfortunately, Austin, it's just a bad time to try to get in the Army.


Thanks for shining some light SGT Smitty. I know I'm not a bad person and it sucks that this is happening. I'm still going to pursue it until I'm officially rejected. This may sound bad, but hopefully something happens for drug charges to be waived again if I'm still convicted for the DUID. As of now, I guess this thread is just a way for me to vent a bit and get some insight on what I can do.


...I could still use that info. about the waiver regulations though, lol.

Thanks a lot, if not for informative help, at least I feel a little better about the situation.

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