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wright-patterson air force base dui

Wright-Patterson Air Force Base DUI?

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Who Has Jurisdiction Over the Wright-Patterson Air Force Base DUI?

wright-patterson air force base duiJurisdiction 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 three potential proceedings. Firstly, a military nonjudicial punishment (NJP). Secondly, a non-military federal prosecution. Lastly, the service member may face a military court-martial.

NJP is administrative punishment for lesser crimes and will not result in a recorded conviction. An on-base DUI may be resolved via NJP alone, or in combination with federal prosecution in which the offender is tried according to concurrent Ohio and federal jurisdiction.

YOUR STATUS MATTERS

For active-duty personnel charged with a Wright-Patterson Air Force Base DUI, disposition via only NJP is particularly agreeable because the lack of a conviction means there is no trigger of state enhancement laws or license suspensions. Should that serviceman incur any subsequent off-base offenses, the prosecuting attorney may be unable to enhance a charge because of the original offense. Off-base driver’s license suspensions are not an option under NJP, but if found guilty the serviceman’s on-base privileges may be suspended for 1 year. Federal regulations dictate that a serviceman’s state driver’s license agency should be notified of a DUI regardless of the prosecution method (32 C.F.R. § 634.8(c) (2012)). However, Major Aaron Lykling (an author who served as a special assistant U.S. attorney at Fort Bliss, Texas) suggests this is rarely done or acted upon because of the administrative burden. (Id. at 10).

WHAT LAW APPLIES?

The majority of on-base arrests for a Wright-Patterson Air Force Base DUI are prosecuted by the local United States Attorney’s Office (USAO). Cases proceed under authority of the Assimilative Crimes Act (ACA). The ACA provides that when a person commits a crime on a federal enclave, such as a federal military base, and the crime is not a violation of any federal law, but it is a violation of the laws of the state in which the federal enclave is located. The service person may be prosecuted in federal court and subjected to similar state punishment.

How will you be notified? You will know that you are being prosecuted because you will receive a summons to appear at the United States District Court for the Southern District of Ohio. The court is located in downtown Dayton across the street from the Montgomery County Courts Building.  You can seek a local attorney (like DaytonDUI) to help you avoid having a DUI (in Ohio called an OVI) on your record.  Do not just go into court and think that the NJP will be taken into account by the federal judge or magistrate; it won’t.

Besides a local attorney concentrating in DUI law, you should speak to your Area Defense Counsel. They are uniquely qualified to tell you how your Commander has treated past cases. They will often have insight that your civilian attorney may not be able to provide. Although I do not know the legal basis for this statement, anecdotal evidence leads me to believe that they may even be able to steer a potential prosecution into an NJP. Be sure to ask them because this might be wrong in your circumstance.

WHY HIRE DAYTON DUI?

I have been representing civilian and non-civilian service members for over twenty years. In addition, I have testified on-base as an expert witness. It is a source of pride that I have worked with military counsel and area defense counsel. I have a unique skill set that can help you win. In addition, I dedicate my practice to drunk driving defense. I have been a city prosecutor, an arbitration judge, lecturer and teacher. If you want someone with a depth of experience, please call. Nothing is more important that a face-to-face meeting. We offer free consultations. You can also ask about our discounts for service members.

We are happy to address your questions. Just give Charlie a call at (937) 318-1384. 

Arrested at Wright-Patterson AFB?

09DUI & Driving Privileges, DUI & Military Issues, DUI in Federal CourtTags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

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”

 

Military DUI: What Happens Now?

00DUI & Driving Privileges, DUI & Military Issues, DUI in Federal Court, DUI Out-of-State, DUI PenaltiesTags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
Wright Memorial at Wright-Patterson Air Force ...
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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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