Navy lawyers need more time on DWI appeal

[unhappycamper]

Navy lawyers need more time on DWI appeal
By Andrew Tilghman - Staff writer
Posted : Friday Dec 11, 2009 9:59:49 EST

Navy lawyers are asking for extra time to decide whether to appeal a recent court ruling that appears to strike down the Navy’s 10-year-old requirement that sailors must notify their commanders after receiving a civilian arrest for drunken driving.

On Nov. 25, the Navy and Marine Corps Court of Appeals made a unanimous ruling that current Navy policy is unconstitutional and violated the sailors’ 5th Amendment rights by forcing them to incriminate themselves.

The Navy can appeal that ruling to the Court of Appeals for the Armed Forces, the last stop before the U.S. Supreme Court.

Typically the Judge Advocate General’s office has 30 days to decide whether to appeal, but in this case they have asked for an extension, said Jennifer Zeldis, a JAG spokeswoman, on Thursday.

The court ruling stems from the case of Chief Aviation Electrician’s Mate David Serianne, who was arrested by a Maryland state trooper in February for allegedly driving or attempting to drive while intoxicated, court records show.


Rest of article at: http://www.navytimes.com/news/2009/12/navy_dwi_ruling_121109w/

[chandler2]

1. No one should be arrested for DWI...

or for being angry, being distracted by a cell phone call, radio, cranky kids/wife etc.