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Old 01-18-2024, 8:36pm   #21
Bill
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Factual innocence is way easier to invoke if it’s a case of mistaken identity, such as someone else driving your car and you have a rock solid alibi. However, if you are the sole occupant in a vehicle pulled over by the po-po and you blow into the machine and you are above the legal limit, even if you get off on some technicality, you can pretty much kiss your career goodbye.
I agree with that, and that's what I'm referring to, actual innocence vs. getting off on a technicality. The people in the story I linked all had breath and blood tests show nothing, no alcohol, no drugs, and yet, still arrested.

I watched the video of the pilot who got arrested. The cop told him he detected the strong odor of alcohol coming from the pilot. The pilot hadn't had a drop, confirmed by breath and blood tests.

Say it was this same cop who had arrested our sub captain. Would we really want that to end the captain's career? That's why I said actual innocence should trump anything in the UCMJ.
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Old 01-19-2024, 9:53pm   #22
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A drunken sailor . . . go figure.

Unable to find BAC test result. Something wrong with this picture.
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Old 01-19-2024, 9:57pm   #23
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Unable to find BAC test result. Something wrong with this picture.

Where did you read that?
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Old 01-19-2024, 9:58pm   #24
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He's done, the arrest itself is enough to relieve him from command.
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Old 01-19-2024, 10:57pm   #25
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Unfortunately, a DUI/DWI is not something that can be let go easily. It's one of the main no-no's in the military that still remains in the time of trannies being okay. In my role, I'm very limited in response options, but the DECISION to "keep or remove" is ALWAYS the commanders. In this scenario, the CC elected to remove.
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Old 01-19-2024, 11:55pm   #26
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No thanks, I'm full.
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