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Dayton DUI Attorney Charles Rowland > Posts tagged "article 15"

Military DUI: FAQ’s For Active Duty Soldiers Who Face A DUI Charge

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If you are an active duty soldier and receive a military DUI (drunk driving) charge, you may face civilian DUI penalties or military DUI punishment.  This article will describe what military penalties are available and under what circumstances they are invoked. https://youtu.be/ekx44mzHy3kWho Will Prosecute My Military DUI?The overwhelming number of DUI cases will be prosecuted in the civilian courts and the military authorities will not seek jurisdiction. Punishment under the Uniformed Code of Military Justice (court martial/Article 15s) is not available to the military if the civilian authorities are prosecuting your DUI case.  This is true even if your DUI case gets dismissed or reduced. ...

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Active Duty DUI? What Law Applies?

If you get an Active Duty DUI charge what law applies and where will you be punished?  This article (which owes a nod to John Hunsucker and the Hunsuker Legal Group, NCDD Winter Session 2015) explores where your case will be heard and what law applies.The Uniform Code of Military Justice (UCMJ) applies to all active service members and all active duty DUI cases, regardless of where a crime occurs. However, jurisdiction over DUI charges may be military, civilian or both. When both entities file charges, they often coordinate to determine which will prosecute the offense criminally. An offender cannot be tried twice...

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