Arrests for driving under the influence in Oceanside, California, are made by the Oceanside Police, or the California Highway Patrol. The Oceanside Police also act as Oceanside Harbor Patrol. Marine Corps Base Camp Pendleton, Oceanside California, is a very large Marine Base. It is patrolled by Military Police. However, there are areas of the base which have joint jurisdiction, which means both California law enforcement and military police can enforce the DUI laws.
The Main Gate at Camp Pendleton is one of the areas of joint jurisdiction where both state and military authorities have jurisdiction. What commonly occurrs, cars are routinely and legally stopped at the entry to the Base. If a driver seems intoxicated and is a civilian, the person is detained by the MP’s and Oceanside Police or CHP are called to handle the investigation, testing, arrest and prosecution for DUI. These cases are handled the same way any DUI arrest out in town is handled with DMV suspension notifications and Court in Vista, California. There may be an issue for DMV suspension hearing and possibly Court because the MP is not a state law enforcement officer, and is needed to testify as to driving generally, and that depends on the availability of the MP.
If you are stopped and cited by Miliary Police on base, not at the gate, the prosecution is handled in federally U.S. District Court downtown San Diego. There are no DMV suspensions issued in these cases because the MPs are not authorized state peace officers. Prosecution is handled at the Magistrates Court by a designated Military JAG Officer from the Base where the citation was issued. The resolutions that can be negotiated in Base cases tends to be better than State Court cases.
Having been a USMC Captain and handled over 3000+ DUIs in North San Diego County, both in State Court and Federal Court, Christoph Law Offices are able to achieve the best result in your case. Call us at 760-941-5720 to have a free consultation and evaluation. We are located directly across from the Vista Courthouse and have been for over 30 years.
