A civilian DUI case where the stop occurred on a military base will be generally heard in San Diego Federal Magistrates Court. There are areas of joint state and federal jurisdiction like the Camp Pendleton main gate where the M.P. s (military Police) make the stop but call CHP or Oceanside Police to handle the arrest, then the case is heard in state Court in Vista. If the CHP or local police were not called or involved, and it was all handled by M.P.s, then it is a federal case. Military personnel are subject to military proceedings.
The Federal DUI citations on Camp Pendleton do not have a Court date on them, you are notified by mail several weeks later confirming the charges and giving you a Court date. An attorney can go for you and make all appearances without you. The M.P.s are not California Peace Officers and should not have taken your license or given you the Notice of Suspension and Temporary license, there should not be any DMV action. If you were given the pink suspension paperwork, setting a hearing is important because they do not have the authority to impose a suspension except on base. The federal Court hearings are always on a Wednesday and an attorney from the base is present to discuss the case with your attorney, provide reports, continue the matter and negotiate the case. Negotiated settlements generally are much better in Federal Court than state Court. You do loose your privilege to drive on base for a year if convicted.
Christoph Law Offices are experienced North County DUI and Criminal Defense Attorneys, and William Christoph was a USMC Captain. Nicholas and William Christoph have handled over 3000 DUI cases, including many federal cases. They know exactly how to handle these cases to achieve the best result. Call 760-941-5720 for a free consultation.
