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Uniform Code of Military Justice Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Uniform Code of Military Justice"

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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Wright-Patterson Air Force Base DUI?

Who Has Jurisdiction Over the Wright-Patterson Air Force Base DUI? Jurisdiction over DUI charges at Wright-Patterson Air Force Base may be military, civilian or both. When both entities file charges, they often coordinate to determine which will prosecute the offense criminally. Because he or she is always subject to the UCMJ, an offender cannot be tried twice criminally.  But because he or she is always subject to the UCMJ, they may face both civilian and military administrative punishment.The place of arrest and the authorities involved typically dictate jurisdiction. An active-duty serviceperson arrested on-base and charged with DUI faces one or more of...

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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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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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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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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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