The Department of Defense sees thousands of cases involving alleged wrongdoing by service members annually. As with civilians, one of the most common ways for individuals in military service to run afoul of the law is by committing a moving violation. However, service members may face different kinds of consequences and legal procedures for these violations compared to their civilian counterparts. Even in a general court martial, military service members may have a viable possibility of reducing or even eliminating penalties for serious moving violations. Those chances depend to some extent on the presence of mitigating factors, and the ability of the accused, or their legal representative if the service member accused chooses to exercise their legal right to counsel, to present those mitigating factors persuasively. Military personnel accused of moving violations in Virginia may be able to work alongside traffic defense attorneys to explore potential defense strategies. To learn more about these possibilities, consider getting in touch with Driving Defense Law at (757) 929-0335.
What Is a Moving Violation in the Military?
A moving violation may involve virtually any vehicle imaginable – including not only cars but also tanks, planes, boats, and so on. According to CFR § 634.32, traffic violations on Department of Defense Installations are generally handled by the relevant United States Magistrate. The specific magistrate depends on the type of installation, and which branch of the military operates the base. However, there are situations in which magistrates do not handle traffic offenses:
- The violator was driving a government vehicle
- There is no magistrate available
- The magistrate does not have jurisdiction
- The Federal Government does not have jurisdiction
- Mission requirements take precedence
Installation commanders may create their own procedures for dealing with minor traffic infractions. In addition, and for more severe traffic violations, such as misdemeanor reckless driving, the violator may experience administrative or judicial action under the Uniform Code of Military Justice. The commanders and the appropriate authorities may also direct the violator to certain substance abuse programs, if appropriate, instead of facing more traditional punishments.
DD Form 1408 Vs. DD Form 1805
Defense Department Form 1408 is a common type of written citation that active-duty members, civilians, and contractors receive for moving violations on military installations. An individual might receive a DD Form 1408 for rolling through a stop sign on a military base, for example. According to the National Archives, DD Form 1805 instead refers violators of State-specific traffic laws on military installations to US magistrates. In other words, it is a way of charging violators with Virginia traffic crimes – even if they occurred on federal installation property.
Generally speaking, DD Form 1805 is less common compared to Form 1408 – and it is usually reserved for more serious traffic offenses such as Driving Under the Influence, excessive speeding, reckless driving, and so on. However, there is often variation between bases in regard to when and how these different citations are issued by military police. The Norfolk Naval Shipyard states that DD Form 1805 leads to a criminal case in the appropriate United States District Court. This means that court appearance is mandatory, and violators in Virginia experience due process in court – providing the opportunity to work alongside Driving Defense Law to execute various defense strategies in court.
Mitigating Factors for Moving Violations in the Military
The optimal defense strategy will depend on the specific charges and on the circumstances of the alleged incident. Many defense strategies for military personnel facing allegations of moving violations may be based on the presence (and presentation) of mitigating factors.
Guilty Pleas
Perhaps the most obvious mitigating factor for a moving violation in the military is a guilty plea. The Joint Service Committee on Military Justice specifically states that a guilty plea is one of the many factors that affect sentencing considerations in a court-martial. In other words, violators who admit wrongdoing may experience lighter consequences.
Few Prior Convictions
According to the United States Court of Appeals for the Armed Forces (USCAAF), mitigating factors in a court-martial may include the lack of prior convictions. If a service member has a clean disciplinary record, they are less likely to suffer serious consequences.
Evidence of Rehabilitative Potential
If there is evidence that the issue at hand may improve with rehabilitation, this may also serve as a mitigating factor in courts-martial. The most obvious relevant moving violation in this context is driving under the influence (DUI), as a mitigating factor could be the willingness of the violator to engage in substance abuse treatment.
Rebuttals
In addition, the defense has the ability to rebut any evidence presented by the prosecution in a court-martial. This might include witness testimony, blood-alcohol level results, and a range of other evidence. If the defense can perform an effective rebuttal of the prosecution’s arguments, this may lead to mitigation or even elimination of consequences.
Prior Nonjudicial Punishment
If the violator has already faced nonjudicial punishment from their commanders, this may help mitigate consequences in courts-martial. The defense can point out that the violator has already faced serious punishments for their alleged offenses, and this may lessen further penalties.
Prior Acts of Bravery, Fidelity, and Temperance
Last but not least, the military record of the accused may lead to mitigating factors. If the violator has a clear record of bravery, fidelity, temperance, and other characteristics befitting of an honorable soldier, this exemplary record may impact the sentence determined.
The Potential Consequences of a Moving Violation in the Military
Citations such as DD Form 1408 may result in the loss of driving privileges due to a point system. Those who accumulate 12 or more points within a year or 18 points within two years will lose their on-base driving privileges.
Appropriate Action
The commander and first sergeant of the violator also receive copies of Form DD 1408. These individuals are then responsible for appropriate action. Referral for trial is the most obvious appropriate action, but for some violations, particularly minor traffic infractions by personnel with otherwise exemplary service records, various actions other than court-martial may be considered appropriate.
According to the Norfolk Naval Shipyard in Virginia, appropriate action may include:
- Verbal counseling
- Letters of counseling
- Reprimand
- Article 15
Under the Uniform Code of Military Justice, article 15 allows commanders to punish members of any branch of the military for minor infractions without formally convening a court-martial.
Demotion
According to the Department of Justice, courts-martial may also lead to reductions in pay or reductions in rank. This is another way of saying demotion. If the service member has a security clearance, they may also lose their clearance, depending on the type of violation.
Dishonorable Discharge
Another potential consequence is a dishonorable discharge. Not only does this outcome have the potential to end military careers, but it can also tarnish reputations.
Consider Speaking With a Virginia Traffic Attorney Today
Mitigating factors are worth exploring further for those accused of moving violations in the military. However, the range of mitigating factors applicable will vary according to the individual service member and the circumstances of the case. Internet research can only provide a basic overview of potential defense strategies, and defendants may seek more targeted guidance alongside experienced traffic law attorneys in Virginia. Consider speaking with one of the attorneys with Driving Defense Law and call (757) 929-0335 today to discuss mitigating factors for moving violations in the military in more detail.
