DUI with multiple traffic citations


#1

Should I be concerned… I have had numerous speeding tickets …


#2

No one can give you a definite answer, it just depends on your case as a whole and the adjudicator. The tickets don’t matter as much as the recent DUI does (if I remember correctly you don’t list those traffic tickets). Show you are taking steps to fix it and steps to ensure it will never happen again and you may have a chance. They look at the “whole person” and since you don’t have a pattern of DUI’s, you have hope. You won’t know for sure until your case goes through the process. You aren’t guranteed to be denied, you have a chance.


#3
  1. dont have my word for it, but usually anything outside of 10-year window is non-issue;
  2. as a clearance holder, did you disclose those to a security professional (ie: FSO)? Those are reportable, I believe; and
  3. you will have an opportunity to appeal.

@lmikelowrey, is correct that you do not normally list traffic tickets UNLESS you were summoned to appear before a judge. Nonetheless, background investigator will find those multiple traffic infractions, accidents (if they were reported) and DUI. The investigator will ask about them.

Depending on your definition of “numerous”, but those traffic infractions, accidents and DUI appear to show a pattern of driving irresponsibly. So, depending on adjudicator, they will probably matter as much as DUI.

Also… if you did not disclose those traffic, accidents and the DUI, you can and probably will be hit with a lack of candor.

Someone recommended a security clearance book or two on this forum, those are good books to get as well as the adjudicative desktop reference book.


#4

Thanks for all the replies… The accidents/speeding were non reportable since they were traffic citations and below the $ threshold. Most recent accident was over 10 years ago so I would like to think this would not be considered? So big question is if background investigators include traffic offenses that are not reportable/old within there review for eligibility?


#5

@marko, might you be aware if CAF considers non reportable/ old citations in review?


#6

Outside of 10 years minor traffic fender benders aren’t reportable unless of course there was an arrest and alcohol charges. If the recent DUI got your attention and you are making life changes through counseling that is a positive step. However, the broad picture you paint here…indicates you may want to slow down and not be as reckless in your approach to life, driving, etc. If these fender benders were throughout the formative years, youthful stupidity, I mean indiscretion, you can get a big pass. But the older you get the window narrows. One DUI, if you are in compliance with the court determinations, classes, driving with machine to detect alcohol and metabolites of alcohol, fine, etc…you will be okay. But take note you want your life snapshot to speak to being trustworthy, reliable, honest, etc. Is this the picture you present in the first inquiry? If not it is time for change. Or continue…and pay the consequences.


#7

Thanks @amberbunny Amber bunny… Accidents were from aged 17-22, currently early 30s… should I consider enrolling in traffic school to show mitigating for speeding? It’s never been court ordered/ never license suspension…I ordered complete driving record, most recent traffic offenses was 2012 for speed… also, I am eligible for 3 sessions of counseling through employer, should I consider going longer to mitigate? I was also planning aa twice a week from here on out. Whatever helps mitigate I’m all ears. I also self reported too.


#8

@amberbunny forgot to mention… yes, fender bender were as they were… non alcohol accidents… some legitimate reasoning but never contested at court. Just minor traffic infractions and determined to be at fault.


#9

While traffic offenses are generally unreportable, multiple offenses most likely are regardless of dollar value. See p. 84 of http://www.dhra.mil/Portals/52/Documents/perserec/ADR_Version_4.pdf.

I would suggest you to enroll traffic school. This will certainly help you. As for counseling, it does not hurt to attend… it is entirely up to you. Basically, you will need to show that you are turning your life around and such.


#10

Multiple traffic offenses within the last 3 years would be an issue. If your position has a nexus to driving then it would be an issue. The DUI will be looked at hard, but will not in itself be difficult to overcome. As others have said, get out ahead of it by providing mitigating information.


#11

That’s interesting about the tickets needing to be cited if they were over $300… does that mean just the initial charge, or the conviction? For example, Reckless driving in VA is up to a $2500 fine… if the charge gets reduced, and results in a $100 fine… would the initial charge still have to be listed?


#12

Reckless driving is a misdemeanor offense and requires disclosure regardless of the monetary fine.


#13

The initial charge is what needs to be listed.


#14

Thanks for replies… just curious, is there any benefit from the adjunction process of pleading down a DUI to reckless operations? I feel like it doesn’t hurt getting it reduced because penalty/conviction isn’t as harsh? Or do they primarily just look at conviction. I researched a fair share of doha cases and alot of them talk about DUI convictions and not so much DUI arrests which are later reduced. I think one reckless ops without previous alcohol arrests might not be looked at harshly?


#15

I do not think it makes any difference. Adjudicators will look at the initial charge and all related reports to it. I think adjudicators are more interested in your conduct and the facts.


#16

If you plea a DUI down to reckless - you are still entering a guilty plea with respect to the incident as a whole. The courts are just simply doing you a favor, since you are likely a first time offender, by keeping the DUI conviction off of your driving record.

From the point of view of an adjudicator it will not make any difference.


#17

@Marko I really appreciate all the feedback… so I have been driving myself insane reviewing previous doha cases although I’m a civilian/ gov employee I figured cases would have similar results… so I had a question, I seem to notice a trend… most cases they seem to look back either 7 or 10 years for traffic citations… and that make sense, figuring it either be for secret(7yrs)/top secret(10yrs). An example be a case from 2017 (15-02678.h1). This individual had 31 traffic citations from 2007-2015. I believe he submitted a sca on 2014 and SOR 2015. This goes with my theory, the individual didn’t just start tallying up citations in 2007 at more then 4 a year until 2015, he had to have more previously. But then I see a case from 2017 (16-01486.h1) and they list speeding tickets that are over 20 years old! This individual had some more serious stuff going on (grand they auto in 1980s, assualt in 90s). These cases looking back this far definitely seem out of the ordinary, but curious on how this unfolds… does an adjudicator request the 7 or 10 year police record, and FBI background… and if there is a felony charge in FBI background check they request a more detailed police record? Any insight would help with my sanity reviewing these.


#18

Past history, even if out of scope, is considered when similar more recent conduct of concern is present because it a continuing pattern of conduct that has not abated. Hoever, each case is based on its own merits and reading into DOHA cases will not do you any good because they don’t reflect ALL of the information in the investigations and what was considered by an adjudicator.


#19

@Helpclearance2018 - given your recent DUI infraction, you should expect your past traffic issues to be considered.


#20

@Marko thanks Marko… So am I understanding the process correctly… I self report DUI… my fso said they will complete a report to dod caf upon completion of trial once results are determined… Upon trial completion, DoD caf will see it and likely request a new SCA. On sca I will provide all mitigating circumstances (alcohol screening results showing not dependent,AA, employment record and so on) . DoD caf will either see this as an isolated alcohol issue and nothing further and issue warning, or potential want to interview for more information since had numerous previous tickets (might not be likely if the tickets were minor and 7+years ago I’m hoping)?