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Being forced to a waiver for a DUI when I have never been arrested for a DUI?

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Question by Mitchell: Being forced to a waiver for a DUI when I have never been arrested for a DUI?
I’m 27 years old and have been attempting to join the United States Army to better myself as an American, father, husband, and person. I have been fighting to enlist for almost a year now on account that I was arrested 7 years ago for Careless and Imprudent Driving and Minor in Possession by Consumption. The officer who stopped me smelled beer on my breath and asked me to take a Breath BAC Test and I agreed. I blew a .07 and the illegal cutoff is .08 so the officer didn’t hit me with a DUI. My violations happened in a small town in Missouri but I’m living in New Jersey and attempting to enlist from here. The County Court where my case was tried lost my court records but the City Court sent their copies along with police report, copies of the citations, and any other recorded documents of my arrest. Nowhere does it say I had received a DUI. The Recruiting Commanding Battalion is forcing me to submit a Waiver for a DUI. How can I when I have no evidence from court supporting me having a DUI. My background police checks as well as FBI background checks both came up negative and clear. A DUI will stay on your record indefinitely. I’ve contacted a Congressman with my story because I believe what this woman is doing to me is illegal. I’m awaiting Congressman Sires’ return call. I won’t stop fighting this.

My questions are: Is this in fact illegal to force upon someone? And Is there anyone who can help me fight this?

Best answer:

Answer by trai
It is not illegal for the Army to make its own enlistment regulations.

Enlistment is voluntary, so no one is forced.

But, no, forcing someone to enlist is not illegal if the government does it. It’s called a “draft.”

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Written by admin

May 31st, 2014 at 9:11 pm

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Arrested for DUI in Miami-Dade…options available for a program or plead not guilty?

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Question by JB: Arrested for DUI in Miami-Dade…options available for a program or plead not guilty?
I was arrested for a DUI on Jan 21….I was not intoxicated but I was out with my friends…I had just got out of the hospital 2.5 months prior with an unknown infection in my ankles that was taken care of with a week stay in the hospital and a slew of antibiotics and other pills…I currently have to take a pill every night for a possibly related medical condition…I was driving my friend’s car as they were questionable and I knew I was not. So when I got pulled over I passed the onsite sobriety (he did the eye test twice…i have exceptional peripheral vision…ive been an athlete since I can remember) and there were 4 witnesses in the car (two of them live nearby and would probably attend the trial)…after the second eye test i was placed in handcuffs and taken to the police department…i sat there for awhile and then was brought and asked the do the breathalyzer…i politely declined…I have a degree in chemistry and i remember from college (only a few years ago) we “tricked” a breathalyzer into a false reading fairly easily…I knew I was on some medication many of which are coated in polyvinyl alcohol…I was unsure if any of the chemicals in the medication or the coating would cause any sort of reading so I refused as to not falsely incriminate myself…now, 6 months later, i’m faced with either sending this to trial or accepting the program…ive already dished out about 2k on an attorney (who has yet to even meet with the witnesses and its becoming rather difficult to speak with him) and the thought of the program and the additional 2-3k that it would cost on top of the classes, interlock device etc etc is a little daunting…now before any of you jump on my case saying im a drunk/murder or anything of the sort realize you are then subject to being called a stereotyping, severely judgmental person….i’m a 26 yr old male that has been living on my own and taking care of myself since 18…i have been actually drunk less times than i can count on my hand…i have 2 degrees in biochemistry and one in economics went to medical school for a year and i have a career on top of my own NFP coaching youth volleyball….it is an embarrassing thing to talk to your kids about but i told them the absolute truth as its what they deserve and warned them of the fallacies of our legal/judicial system…im being told from a variety of sources to go with the program and not risk it…but it seems to not be fair nor just for me to dish out nearly 6k in money i dont really have to prove my innocence (we all know innocent until proven guilty is a thing of the past)….what would any of you suggest? any advice would be greatly appreciated….if you’re seeking a target for a lecture please seek another question-er…not to be rude but this has been enough on its own without people accusing me of being a criminal…
1. question is…do i fight it or accept the program?
2. gobbledygook = details…pretty sure i can’t just write “do i fight it or accept the program?” and expect realistic responses….
thanks for your help….no i wasn’t being uncooperative at all…they dont have video evidence of me taking the sobriety tests or anything (which I would have subpoenaed to show I passed the onsite). He wrote on the arrest form that when they put the cuffs on me I said this is “absolute bulls***” thats all that shows I was disorderly i guess. No i wasn’t on narcotics unless you consider the medication i have to take every night around midnight narcotics….they have a program available for me that basically takes then entire issue off my record but requires 6mo-1yr of probation classes and an additional 2-3k…(http://www.miamiherald.com/2011/05/16/2219789/miami-dade-unveils-dui-diversion.html#disqus_thread)….given all that do you still believe i should fight it or take the program?

Best answer:

Answer by Ouragon
Well, I hoped someone else would answer all your gobbledygook, but no one did, so I’ll share my experience. I am a middle-aged woman with no criminal record. I got a dui five years ago while taking migraine medication. I don’t drink. I served 30 months probabtion and spent about $ 8K in fines and fees. i did not pay for an attorney. I was a student at the time, and had a court-appointed lawyer. If I had it to do over, I would FIGHT to have it dismissed instead of pleading it out. If my attorney didn’t think I could win, I would sit out the time and avoid probation. It would have taken less than three days in time, compared to 30 months of being under their control. Probation is a nightmare. U/A tests, constantly being around scary people, including the probation officer. Don’t know if that answers your question, which is very unclear.

EDIT: Ok, well, I didn’t qualify for any programs, because I didn’t have any drug or alcohol programs when they evaluated me. I suspect the same might be true for you. If I were you, I’d fight. No breathalyzer= no scientific evidence. Did you keep quiet with the cops, or do they have video of you being unreasonable? Were you taking narcotics? That could give you a dui, too. That’s what happened to me.

If all that info wasn’t daunting, you would’ve gotten a lot more answers. If you told your lawyer all that stuff, you might’ve already used up your $ 2K.

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May 24th, 2014 at 9:16 am

Q&A: I got arrested for a DUI 2 days ago but my license is not suspended?

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Question by Kardashian: I got arrested for a DUI 2 days ago but my license is not suspended?
Im 22 years old
blew under the legal limit in florida which is 0.08 i blew about 0.06
first time offense
i went to jail got my car towed all that but the police told me im not getting my license suspended
why is this?
because i blew under the limit?
and one of the nice cops also told me when i go to court i might just get the charge dropped to a “reckless driving”.
what happend was I was eating at a restaurant outsid and with my food i had one drink i did see alot of cops passing by so maybe one of them saw me getting into my car and boom one block later he stopped me for “failure to stop at a stop sign” which I know its crap because he just needed a reason to stop me because he saw me that I was drinking so he needed a reason to stop me when I was driving.
So basically I got to tickets the “failure to stop a stop sign” and the 2nd is a DUI
I was so mad.

Best answer:

Answer by michael
Your post was very difficult to read due to the fact you failed to use punctuation. Capital letters, commas, periods,explanation marks,and question marks all would make reading your post easier. A quality education, which you seem to lack, should have given you this knowledge. go back and finish second grade only pay attention and study this time around.

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Written by admin

May 21st, 2014 at 3:13 am

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My fiance got arrested last night for a dui, they put him in cuffs, brought him to take his blood,?

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Question by Lindsey: My fiance got arrested last night for a dui, they put him in cuffs, brought him to take his blood,?
then drove him home. I signed the papers saying I was basically “responsible” for him till he sobers up. The officer did not give him any papers regarding court dates or what he was being charged with. She said she would return to the house to bring the papers. It has been almost 2 days, and no officer or papers! Does any one have advice on what we should do now??

Best answer:

Answer by davidmi711
Best advice, go find a lawyer

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Written by admin

May 10th, 2014 at 9:10 pm

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I recently was arrested for DUI in Florida, What should I do?

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Question by Bee: I recently was arrested for DUI in Florida, What should I do?
I was driving from the beach back home from a club and a cop pulled me over.. he did the sobriety tests next thing you know it i was brought to the station. I agreed to take the breathalyzer test because they told me if I didnt they would suspend my license for a year.. I had a 0.12 BAC. I am not sure if i should hire a lawyer or not.. This is my first time offense ever i have no record at all. I just dont want to waste $ $ $ on a lawyer if I am still going to be charged as guilty because technically I took the breathalyzer test. I am so confused.. Is it worth to get a lawyer? Does anybody know what happens if I do get one vs. if I don’t?? PLEASE HELP!!! Any legal advice would really help me out. Thanks.
I already learned my lesson ok.. don’t post answers that are not going to help me. I made ONE mistake.. that doesn’t make me a criminal or an alcoholic seeing is how I made one stupid mistake. Everybody makes mistakes and I shouldn’t be judged due to it.

Best answer:

Answer by Collins 2030
Stop drinking.

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Written by admin

May 10th, 2014 at 3:14 pm

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Arrested for DUI but not read Miranda Rights?

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Question by sese932000: Arrested for DUI but not read Miranda Rights?
The officer said “You are now under arrest” after doing a field sobriety test, but never once did anyone read my Miranda Rights or any part of the Miranda Rights. Could I use this to fight in court and get my charges dropped?
What if I strongly believe someone slipped something in my drink? Is there a drug test I can take for that? I don’t do any drugs so I should be clean.
I know I made a mistake, I regret it, I’m never touching alcohol again, I don’t need someone yelling at me over the internet right now, I’m here asking for help.

Best answer:

Answer by jason
yes

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April 21st, 2014 at 3:12 pm

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Q&A: My son was arrested for DUI. He did not drink alcohol, but some kinds of pills.?

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Question by mini: My son was arrested for DUI. He did not drink alcohol, but some kinds of pills.?
First time, no damages, BAC .0.00, did FST, Florida state.
what plea no contest means?
What are the consequences to expect?
Thanks for all advices.

Best answer:

Answer by tonalc2
Doesn’t matter; the “UI” stands for “under the influence.” It need not be alcohol.

“No contest” means nothing in this situation, unless he caused injury to someone who might sue later. All it does is legally not admit guilt.

Consequences depend on the situation and his driving record.

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Written by admin

April 9th, 2014 at 9:15 am

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Q&A: my boyfriend has been arrested for dui?

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Question by rachyyxox: my boyfriend has been arrested for dui?
hes 19 and his BAC was .053
he was arrested in tampa but is on probation and is not supposed to leave our city and we live about 2hrs from tampa

what is going to happen to him?
will he have to go to jail? if so how long?

Best answer:

Answer by nature lover
Most likely he will be on probation and get community service for a while.

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April 5th, 2014 at 9:10 pm

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my boyfriend has been arrested for dui?

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Question by rachyyxox: my boyfriend has been arrested for dui?
hes 19 and his BAC was .053
he was arrested in tampa but is on probation and is not supposed to leave our city and we live about 2hrs from tampa

what is going to happen to him?
will he have to go to jail? if so how long?

Best answer:

Answer by nature lover
Most likely he will be on probation and get community service for a while.

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April 5th, 2014 at 9:10 pm

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Blew a .08 in CA and got arrested for a DUI. Is it worth fighting?

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Question by OCtitan: Blew a .08 in CA and got arrested for a DUI. Is it worth fighting?
I was pulled over and passed all the tests except the breathalizer. At the scence it read .11 When we headed back to the station and all the paperwork was completed, I blew again and both times it read .08. And thats the one that I signed. Released, given a citation and that was it. What happens now? Should I fight it since is fresh and this just happened yesterday? Thank you
(no stupid answers please)

Best answer:

Answer by Serpico7
Accept your punishment criminal. How arrogant of you sitting here trying to get out of your crime, yet you aren’t on your knees thanking the Lord you didn’t kill anyone or even yourself. You sicken me, I have seen too many people hurt by you and your ilk.

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Written by admin

April 4th, 2014 at 9:12 am

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