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Dayton DUI Attorney Charles Rowland > Posts tagged "military ovi"

Military DUI? Who Will Punish You?

If you get a military DUI you can be punished by three different (and overlapping) authorities.  The first potential punishment comes from the civilian courts. It includes a loss of driving privileges, fines, incarceration and other possible penalties.  Typically, these punishments occur after being stopped on suspicion of drunk driving while outside the military base.  In addition, the military cannot administer action under the UCMJ for the same offense if you are being charged by civilian authorities. This applies regardless of the outcome of the civilian case. This blog has a section devoted to the various punishment and their consequences.Read our...

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An Out-of-State OVI Offense Enhances A Wright-Patterson OVI

An Out-of-State OVI Offense Enhances A Wright-Patterson OVI Babb & Rowland and DaytonDUI proudly serve the military community in and around Wright-Patterson A.F.B..  One of the recurring questions we get from military personnel is whether or not a federal or out-of-state DUI can be used to enhance a Wright-Patterson OVI.  At one time they did not.  Now, however, the offenses received in another state or on federal property do count. See Ohio Revised Code 4511.181(A).  DUI defense attorneys challenged the ex post facto application of R.C. 4511.181(A) but the courts have held that since it serves only as an enhancement it meets...

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Do You Face A Military OVI Charge?

Do you face a military OVI? The consequences of an OVI while serving active duty in the military can be devastating: dishonorable discharge, rank reduction, pay deduction, loss of security clearance, fines and jail time and mandatory military counseling sessions and potential exclusion from some sensitive operations.  Military regulations often subject its members to enhanced Non-Judicial Punishment (NJP), which go above and beyond the punishments allowed by civilian law.  We are seeing more cases where the leadership is “cracking down” on drunk driving offenses and promising to end the career of personnel who are found guilty of a military OVI offense.  This...

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Military DUI: What Happens Now?

The consequences of an OVI while serving active duty in the military can be devastating: dishonorable discharge, rank reduction, pay deduction, loss of security clearance, fines and jail time and mandatory military counseling sessions and potential exclusion from some sensitive operations.  Military regulations often subject its members to enhanced Non-Judicial Punishment (NJP), which go above and beyond the punishments allowed by civilian law.  We are seeing more cases where the leadership is “cracking down” on drunk driving offenses and promising to end the career of personnel who are found guilty of an OVI offense.  This limits the ability of commanding...

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Military DUI: Must I Report My DUI Arrest to My Superior?

Brown, Rowland, Babb & Campbell is proud to have the services of Richard T. Brown, former Staff Judge Advocate to advise on matters pertaining to the defense of Air Force personnel.  If you are charged with a DUI (now called OVI in Ohio) resulting from activities on or around Wright-Patterson Air Force Base, contact Charles M. Rowland II for a complete DUI defense. Read our full FAQ & watch our video on Military DUI here.  Below is an article, written by Richard Brown answering the vexing questions about whether or not you must report your OVI arrest to your superior officer.By Richard...

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Posse Comitatus Act: Federal DUI Enforcement at Wright-Patterson AFB

Image via WikipediaQuestion: A client gets stopped by U.S. Air Force security personnel at the gate at Wright-Patterson Air Force Base on suspicion of drunk driving.  Civilian client is then taken onto the base where he is given a breath test by a U.S. Air Force technician.  Civilian client is then cited and receives a summons to appear in Federal Court.  At no time during this process does he come in contact with any “civilian” law enforcement officer.  When the client comes to my office he asks how “military” forces have jurisdiction to enforce Ohio laws against civilians.  Going on he asks, “Doesn’t my arrest violate...

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