After leaving the bars on Gate Two street in Okinawa, a Marine Captain went to his car which was parked in a nearby parking lot, get a few things out and then take a cab home for the night. A Japanese police officer saw what appeared to be an intoxicated Marine get out of his car and went over to check out the situation. Mind you, the Marine Captain did not start the car, did not drive the car, but only went to the car to get his belongings so that he could take a cab home and not drink and drive. The Japanese police still required him to take a breathalyzer, which showed he had alcohol in his system since he was just leaving the bars. The Captain tried to explain that he was not driving and just getting his things and getting a ride home. Clearly, something was lost in translation, because he was arrested and taken to the Japanese police station where he was later released to the custody of Marine military police. He was cited for violating a Marine Corps order and was taken to Non-Judicial Punishment.
Attorney Tim Bilecki was retained, and we represented this client throughout the administrative procedures surrounding his on-base driving privileges as well as his NJP. Based on other witness statements, the officer refused Non-Judicial Punishment and demanded trial by court martial.
The command subsequently preferred charges against him, and the case went to an Article 32 hearing. After the Article 32 hearing, an agreement was reached so that the charges would be withdrawn from the court martial level and be once again adjudicated administratively.
Defending Service Members Globally
Wherever Duty Calls, Our Defense Follows
