Posts Tagged ‘judge advocate general’

Arrested at Wright-Patterson AFB?

January 22nd, 2013

English: C-5A 70-0448, 445th Operations Group ...

WE CAN HELP IF YOU ARE ARRESTED ON BASE

We have a former J.A.G. officer on staff to help with military DUI/OVI cases.  Located conveniently near Wright-Patterson Air Force Base, Charles M. Rowland II has successfully represented active-duty military, contractors, and civilian employees for over 15 years.  He knows how to deal with issues of deployment, security clearances, loss of rank, loss of on-base driving privileges and issues related to out-of-state licenses.  If you find yourself arrested for OVI in or near Wright-Patterson Air Force Base and you will be required to appear in the United State Federal Court or the Fairborn Municipal Court contact Charles Rowland today.

Charles Rowland is licensed to practice in the State of Ohio and concentrates his  OVI, DUI and Drunk Driving practice in the following counties: Montgomery, Greene, Miami, Warren, Butler, Preble, Darke, Logan, Clinton, Shelby, Champaign, Clark, Clermont and Hamilton, Ohio. Charles Rowland practices in the following municipal courts: Kettering Municipal, Dayton Municipal, Montgomery County Area Courts One and Two, Trotwood and Huber Heights, Miamisburg Municipal, Vandalia Municipal, Xenia Municipal, Fairborn Municipal, Clark County Municipal, Troy Municipal, Franklin County Municipal, Hamilton County Municipal, Butler County Municipal Courts Area One Two and Three.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI”

 

Prior DUI Offenses (Federal and Out-of-State)

August 30th, 2012

My practice is proud to serve the military community in and around Wright-Patterson Air Force Base.  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 DUI they get here in Ohio.  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 constitutional standards. State v. Morrison, 2003-Ohio-3244 (Ohio Ct. App. 8th Dist. Cuyahoga County 2003).

Dayton DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for DUI defense.  With a former J.A.G. on staff and having been declared an expert on evidential breath testing in court martial proceedings by the United States, Charles Rowland is uniquely able to defend your DUI case.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

 

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

October 31st, 2011

United States Court of Appeals for the Armed F...

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 practical matter it is unlikely any service would Court Martial any member for failing to self report a previous arrest or conviction as the only charge.  Much more likely the violation would be charged along with a laundry list of other, and most likely aggravated offenses.   By self-reporting the member starts  the machinery to  be possibly separated administratively.  Once the Commander is advised of the misconduct under regulation he must at least consider the member for separation.  Marginal members will be separated but there is even significant pressure on the Commander to separate even stellar performers.

I still believe that self reporting violates Article 31 UCMJ. But the effect is the same, without advisement no one subject to the code can order a military member to statements of self incrimination. The CAFF specifically refused to decide Serianne on Constitutional grounds. This leaves an issue as to whether the self reporting regulation does violate Article 31, UCMJ.  The Navy has rewritten its regulation to eliminate the vagueness sited by the Navy Court of Criminal Appeals.  I believe if the services continue to right regulations requiring self-reporting eventually the court will have to rule on constitutional grounds. Id. at 584-85.

“CAAF noted that NMCCA “described Article 1137 as ‘superior competent authority’ over the Instruction, and further described the reporting requirement in the Instruction as ‘inconsistent’ with the exclusion provided in higher authority, the United States Navy Regulations.” CAAF agreed, noting:

The lower court’s description of Article 1137 as “superior competent authority” is consistent with Article 0103 of the United States Navy Regulations, which states that the United States Navy Regulations serve as “the principal regulatory document of the Department of the Navy,” and specifically states that “[o]there directives issued within the Department of the Navy shall not conflict with, alter or amend any provision of Navy Regulations.”” …

CAAF held:  “The self-reporting requirement in the Instruction did not provide Appellee with the rights afforded by a superior competent authority, Article 1137. As such, the Instruction did not provide a legal basis for finding Appellee derelict in the performance of a required duty, and the military judge did not err in dismissing the charge.”

Richard T. Brown, USAF Judge Advocate (ret) is “of counsel” at Brown, Rowland, Babb & Campbell in Fairborn, Ohio.  He concentrates his practice in the field of Elder Law and consults on military issues related to family, criminal and juvenile law.  Richard Brown is a regular contributor to the OhioDUIblog.com.  Contact Richard Brown at (937) 879-9542 or visit www.DaytonEstatePlanningProbate.com.

Military DUI: What Happens Now?

February 7th, 2011
Wright Memorial at Wright-Patterson Air Force ...
Image via Wikipedia

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 officers in protecting their soldiers from harsh consequences and places more and more emphasis on fighting your DUI case.

Defending military clients against DUI charges requires engaging in three battles; the civilian charges in criminal court, the administrative sanctions imposed by the Ohio Bureau of Motor Vehicles (as well as the issues in the state of residence of the military member, as many are not licensed in Ohio), and the military base infrastructure which may or may not include court martial proceedings.  In Ohio, local prosecutors defer to the military in decisions of jurisdiction.  This means that your case may be tried in the civilian courts, or in a court-martial proceeding.  In court-martial proceeding, the legal standard for “impaired” is easier to meet and the punishments more severe. Air Force/military DUI law also does not adhere to state blood alcohol levels, and if deemed under the influence by the hearing officers at the military trial, any blood alcohol level is sufficient for a conviction.  You can expect the case to move much more quickly than in the civilian system.  You can choose to have a private attorney represent you in this case or rely on Area Defense Counsel.  At DaytonDUI we have a full time former J.A.G. officer on staff that can help you with a range of issues related to your DUI arrest.  In addition, Charles M. Rowland II has been certified as an expert in evidential breath testing and has testified as such in court martial proceeding.  Charles M. Rowland II has tried DUI cases in the federal courts.

Located in Fairborn, we have had the privilege of representing hundreds of active duty, civilian and government contracting clients.  We focus 100% on winning your case and having the DUI removed from your record, keeping your record clean and preventing you from losing your license.  We also provide good advice on dealing with out-of-state license issues that may eventually cause problems in your home state.  Given our track record, we are able to help in cases that seem impossible and focus on saving your military career.  You will be treated fairly and meet with the utmost in forthrightness when it comes to matters of billing.  All we do is DUI defense and we do it well.

Contact us today at (937) 318-1DUI or 1-888-ROWLAND or 24/7 at 937-776-2671.  We have offices near Wright-Patterson Air Force Base and can provide 24 hour consultations.  Free initial consultations are provided and you are encourage to check us out at www.DaytonDUI.com or visit the Ohio DUI/OVI Blog at www.DaytonDUI.com/blog.  We can help save your career and get your life back.

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