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Dayton DUI Attorney Charles Rowland > Posts tagged "Military"

Dayton DUI Wishes You a Happy Memorial Day Holiday

"Poor is the country that has no heroes.  But beggared is the people who having them forgets." -Col. Wm. A. Jones III, Medal of Honor Recipient-As you pause to remember those who have died in our nation's service, have a safe and relaxing Memorial Day Weekend.  If you find yourself in need of representation resulting from a DUI arrest, contact Charles M. Rowland II at 937-318-1DUI (318-1384) or 1-888-ROWLAND (888-769-5263). ...

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Judges To Consider Military Service At Sentencing

Ohio appears ready to pass a requirement that judges consider a persons' military service when deciding a sentence in a criminal case.  Sub. S.B. 330, proposed by Senator Joe Schiavoni would apply to both misdemeanor and felony charges. "They have been through things that most of us haven't," Schiavoni said. "It's so, so important we consider that before they get thrown into jail and their problems aren't handled properly." Schiavoni says the bill has bipartisan support from both legislators and judges.Here is one version of the key language in the bill requiring consideration of military service at sentencing: (F) The sentencing court...

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Military DUI: Must I Self-Report? by Richard T. Brown USAF Judge Advocate (ret)

One Strike and You’re OUT. An Update on the Self-Reporting Requirement.  The military has always been the employer of last resort.  When the economy is good the military is hard pressed to meet recruitment.  When the economy is bad the military can and does get very picky.  Today the civilian authorities seem to agree that the best place to cut federal spending is the military.  Force reduction has been policy in the past and will be again in the future.  The self-reporting requirement is a force management tool.For the individual member the best advice is not to self- report.  As a...

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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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Wright-Patterson Air Force Base DUI Cases; Civilian or Military?

FORT DRUM, N.Y. -- Fort Drum soldiers arrested for drunken driving will have their cases handled in military court instead of a civilian one. The northern New York Army post had been publishing the photos of offenders in the post newspaper since last March, but Fort Drum commander Maj. Gen. Michael Oates says that strategy to deter soldiers from driving drunk isn't working. Oates says there are still too many DWI incidents.Oates says soldiers arrested for drunken driving now will face the Uniform Code of Military Justice. He says punishment under the...

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Wright Patterson Air Force Base DUI Patrols

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]In San Bernardino County the California the Highway Patrol works with the U.S. Marines in conducting D.U.I. checkpoints.  Can this happen in our pro-military suburbs surrounding Wright Patterson Air Force Base?  The answer may lie in the Posse Comitatus Act of 1878, 8 U.S.C. § 1385 which makes it unconstitutional to use the United States military for law enforcement.  Howver, recent changes make an expansive reading more likely.  Section 1076 is titled "Use of the Armed Forces in major public emergencies". It provides that:'The President may employ...

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