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News Stories
NEWS | Aug. 14, 2009

Minor hit & runs make for major penalties

By Capt. Bryce G. Poole 316th Wing Judge Advocates Office chief of Legal Assistance

The Andrews community has suffered a rash of hit-and-run accidents involving parked vehicles this year. According to Staff Sgt. Thomas Klajder, NCO in charge of reports and analysis for the 316th Security Forces Squadron, since Jan. 1 there have been five reported hit-and-run accidents involving parked vehicles on Andrews.

Everyone who works and lives on Andrews should be aware that if a driver of an automobile is involved in an accident, the driver must report that accident to 316 SFS immediately. The consequences for failing to report an accident, even one involving an unattended parked vehicle, are very real and significant.

First, driving on base is a privilege, not a right, and anyone who abuses that privilege may have it revoked. The installation commander has discretionary authority to revoke driving privileges. Typically, a driver will have his or her driving privileges suspended for one year if he or she accumulates 12 points in a year or 18 points in a two year period. A hit-and-run will cost the driver seven points - and in some circumstances the installation commander may impose a suspension or revocation of driving privileges without accumulating 12 points, depending on any aggravating factors present.

Additionally, a hit and run can result in a misdemeanor conviction under Maryland state law that carries a fine of up to $500 and a sentence of up to 60 days in jail, in addition to a period of supervision such as probation. Since Andrews is exclusively federal jurisdiction, the case would be prosecuted in federal magistrate court, meaning that this would be a federal conviction and not just a state conviction.

Similarly, military members face the possibility of disciplinary action under the Uniform Code of Military Justice. The range of punishments varies from a letter of reprimand, to an Article 15, all the way to a court-martial. Any of these punishments puts a servicemember's career in jeopardy. Under Article 92 of the UCMJ, the maximum sentence for failure to obey a lawful order or regulation is confinement for two years, a dishonorable discharge, and total forfeiture of pay. Moreover, any conviction by a court-martial is a federal conviction.

If there are injuries involved, the consequences are much greater. Fleeing the scene of an accident involving personal injury is a much more severe crime and may result in years of confinement.

Beyond any consideration of the possible punishments for breaking the law, there is the basic concept of integrity. There is a reason that "Integrity First" is the Air Force's first Core Value. Integrity means doing the right thing even when you know that no one else is looking. If you are ever involved in an accident on base, do the right thing: Contact security forces immediately. Don't turn a mistake into a crime.
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