I have a shipmate facing a DUI trial and they are asking if she wants to take a plea bargain. Of course the Attorney know nothing about CG licensing or how this would affect her License. Can anybody provide the name of an Attorney that could answers all the pertinent questions and help with the CG going forward.
National maritime center? Seems like just calling them people they might know. Although that could be dangerous you might want to call a few times and ask the same question and if you get the same answer after talking to five different people it might be true
Sure call the NMC, give your reference number, and then ask about a DUI “for a friend.”
Should go well.
I have had them give me answers with out giving that information if it was a general question but I understand what you are saying
If you think they don’t know who you are by your phone number, you’re wrong.
While a DUI “can” be the basis of revocation, the question becomes when is she due for renewal? If someone is convicted of a DUI, and you have met all obligations, have a valid drivers license - while it’s been over 1-year, NMC will process the application provided a statement was included in the application. Typically, the plea is a good idea since it will move the case toward conclusion quicker. Hard to say with out knowing the state. The evauation is time based so that is important. Every state has a different set of laws and we have no idea if there are any extenuating circumstances that can complicated matters. She is better off with the lawyer familiar with state law; tell the lawyer to reference 46 CFR § 10.213. If you are trying to get a license or renew a license within 1-year of a conviction, NMC will not even evaluate the applicant. Give the lawyer the CFR to discuss with the judge. This will help the judge determine if the punitive action by the court, even if it’s a plea, fits the profile intended in state law within the contraints he has considering the potential loss to make any income.
Tell your friend to pay the money and consult with a maritime attorney, taking legal advice on the internet is crazier than a soup sandwich
That is why I asked if anyone knew an Attorney .
Not sure if I would pay another bloodsucker for the same answer; a maritime lawyer will not represent your application at NMC and will go about as far as the attached document.There is not too much to interpret when it comes to such things. It’s pretty definitive on where the goal posts are. You just need to determine where your case falls in the assessment period and save yourself a little money. You will defintey need it for fines, court costs, lawyer fees and whatever addons thrown your way by the state in terms of courses, reporting for drug testing, ignition interlocks, etc. Some states even have non-adjudication & expungement for 1st time offenders below a certain BAC%. While this is still a conviction in the eyes of the USCG and you are legally required to diclose it, it will not show up on the NDR. A local criminal lawyer specializing in DUIs is the best bet just because of the local knowledge and relationship with the court for pleaing into these type of options.
This has two layers to it that probably needs two lawyers.
One is the actual DUI charge, I am sure there is a local lawyer that specializes in that. There may be a way to keep it off your record.
The second thing is dealing with the fallout of whatever happens with the CG. I thankfully have never had to use one, but there has to be some lawyer somewhere who specializes in this. This second lawyer can call the first lawyer and tell him what kind of outcome from the local trial would be optimum.
USCG doesn’t care, they stick to black and white. Having two lawyers is absurd in the matter. Utilize the lawyer that knows the DUI system, that knows the local judges and process, the fact of the matter is, this person needs the best possible outcome from the offense. The USCG will then follow the CFR’s on what will be required for license renewal and reporting, nothing more, nothing less.
Recognizing this won’t answer your original question: About 31 years ago [I retired 5 years ago], when I first started shipping, I changed my alcohol consumption on the beach. BECAUSE I DIDN’T WANT TO LOSE MY MMD due to a DUI. I urge your friend to do the same. . .That second glass of wine with dinner, or that 2nd beer at the bar isn’t worth it!
Fifteen years ago a first engineer I knew got a DUI charge, 1st offense, while driving some shipmates back to the ship. At the time he was deemed the least under the influence . He hired an attorney in hopes of having the charge reduced but before the case was settled he had his license renewal initially rejected due to the NDR hit. He thought that since he had no conviction he didn’t need to report it. Wrong. NDR shows charges even without conviction. I advised him to be honest and resubmit with a note explaining what was going on. He got renewed. The REC had guidelines that caused a hit due to the NDR. Once a response was submitted they were amenable. Hopefully the NMC is the same.
Never been in this situation but know one or two who have. If taking a plea deal for a DUI, its critical to try to get the charge lessened to something like reckless driving, speeding, failure to stop at a stop sign, or something like that, depending on the circumstances of the stop.
As others have said, get a lawyer that knows what they are doing. The expense will be less than the DUI and loss of wages from having a suspended license.
The financial hit on this could be HUGE. For me it would also involve the FAA, so double the fun
I very much would get the best DUI lawyer I could find if it were me and for the FAA at least, it isn’t your license, it is your medical at risk and their are flight surgeons (AMEs) who specialize in dealing with aeromedical and substance issues that worth every penny you pay them.
There has to be the marine equivalent who knows what to say to who to keep you working.