Voluntary intoxication Sample Clauses

Voluntary intoxication a) United States x. Xxxxx, No. 35837, 2004 CCA LEXIS 209 (A.F. Ct. Crim. App. Aug. 30, 2004) (unpub.). Accused pled guilty to cocaine use but did not mention alcohol use on the night in question during his providence inquiry. During sentencing phase, trial counsel introduced substantial evidence of accused’s abundant use of alcohol by admitting the verbatim Article 32 testimony of two Air Force agents who stated that on the night in question the accused told them the cocaine “made his tongue ‘numb’ but that he was ‘too drunk’ to feel any other effects of the cocaine.” Trial counsel also admitted the verbatim Article 32 testimony of the accused’s girlfriend in which she stated that he was “getting pretty drunk.” Accused, during his unsworn statement, stated he was “pretty buzzed.” Military judge erroneously failed to reopen the providence inquiry (despite the numerous statements regarding the accused’s level of intoxication) to determine if his use of cocaine was with actual knowledge. Findings and sentence set aside.
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Related to Voluntary intoxication

  • Alcohol The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols including methyl and isopropyl alcohol.

  • Insubordination 5. Bringing intoxicants or illegal drugs into or consuming intoxicants or illegal drugs on any school property or reporting to work under the influence of intoxicants or illegal drugs of any kind in any degree whatsoever;

  • Voluntary Demotion An employee requesting a voluntary demotion from a higher-rated position and who is subsequently demoted to the lower-rated position, shall be paid on the increment step appropriate to the employee’s continuous service with the Employer. A voluntary demotion shall not change an employee’s anniversary date.

  • Demotion A demotion shall mean the transfer of an employee to a lower level position of less responsibility as well as salary.

  • Voluntary Reassignment If a vacancy occurs in the same or other department or division outside the unit member’s normal assignment, the unit member may submit a written request to the College President to be reassigned. Such requests, if received at least one (1) week prior to the closing date for application for an advertised position, shall be considered before those of other applicants.

  • Voluntary Demotions For purposes of this Section, the term Aopening@ shall apply to any permanent vacancy in a classification. An employee may vacate from his current classification once per year given there is an opening and the employee is qualified to perform in the lower classification to which the employee has requested a demotion. The Department will assign voluntarily demoted employees beginning with the next employee pay cycle. Employees will have thirty (30) days to certify for position openings. No employee shall be displaced from the Department through a voluntary demotion. Employees who voluntarily demote to a lower classification will be placed in the new payline for the lower classification based on their years of service in the lower classification. Employees that voluntarily demote to the classification of Firefighter will receive credit for total time spent in the Department when being placed on that payline.

  • Involuntary Reassignment In the absence of volunteers to fill a vacancy internally, the college may administratively reassign from any overstaffed area that qualified faculty member with the lowest seniority.

  • Voluntary Termination Executive may voluntarily terminate Executive’s employment for any reason upon 30 days’ prior written notice. In such event, after the effective date of such termination, except as provided in Section 2.2 with respect to a resignation for Good Reason, no further payments shall be due under this Agreement, except that Executive shall be entitled to any benefits accrued in accordance with the terms of any applicable benefit plans and programs of the Company.

  • Dishonesty 6. Drinking alcoholic beverages on the job, or reporting to work while under the influence of intoxicating substances.

  • Involuntary Demotion An employee assigned to a lower rated position shall continue to be paid at the employee's current rate of pay until the rate of pay in the new position equals or exceeds it.

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