Tag: Wright-Patterson Air Force Base

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. 

wright-patterson air force base dui

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

00DUI & Military Issues, DUI in Federal Court, DUI Out-of-StateTags: , , , , , , , , , , , ,

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 constitutional standards. State v. Morrison, 2003-Ohio-3244 (Ohio Ct. App. 8th Dist. Cuyahoga County 2003).

Located conveniently near Wright Patterson Air Force Base, we have successfully represented active-duty military, contractors, and civilian employees since 1995.  We have successfully dealt with issues of deployment, security clearances, loss of rank, loss of on-base driving privileges and issues related to out-of-state licenses.  I have even attended specialized training through the National College for DUI Defense in handling a military drunk driving offense (2014 NCDD Winter Conference). If you face a Wright-Patterson OVI, or if you just have questions, give us a call.

air force dui

Do I Have To Report An Air Force DUI?

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We frequently receive questions about an active-duty service members requirement to report an Air Force DUI arrest to his superiors.  We rely upon a decision (HERE) from the United States Navy, Navy Admin 373/11, which states that, in light of the decision in U.S. v. Serianne:

1. THIS NAVADMIN AMPLIFIES REF A, WHICH REVISED ARTICLE 1137 TO REF B TO INCORPORATE AND EXTEND REF C. THIS NAVADMIN ALSO AMENDS REFS D THROUGH J, AS NOTED BELOW.

2. CRIMINAL CONVICTIONS. PER REF A, U.S. NAVY REGULATIONS NOW REQUIRE THAT ALL PERSONS IN THE NAVAL SERVICE SELF-REPORT CRIMINAL CONVICTIONS, INCLUDING FOREIGN CONVICTIONS.

3. CIVILIAN ARRESTS AND CRIMINAL CHARGES. PARAGRAPH 3 OF REF B ARTICLE 1137 AUTHORIZES THE CHIEF OF NAVAL OPERATIONS (CNO) TO PROMULGATE INSTRUCTIONS REQUIRING SERVICE MEMBERS TO SELF-REPORT CIVILIAN ARRESTS OR CRIMINAL CHARGES IF THOSE INSTRUCTIONS SERVE A REGULATORY OR ADMINISTRATIVE PURPOSE (AS COMPARED TO A PUNITIVE PURPOSE). THIS CHANGE RESPONDED TO THE DECISION BY THE COURT OF APPEALS FOR THE ARMED FORCES IN U.S. V. SERIANNE, IN WHICH THE COURT INVALIDATED A SELF-REPORTING REQUIREMENT.

4. REVIEW OF SELF-REPORTING REQUIREMENTS IN OPNAV INSTRUCTIONS.
BASED ON A REVIEW OF ALL CURRENT OPNAV INSTRUCTIONS, THE FOLLOWING GUIDANCE IS PROVIDED TO CLARIFY REQUIREMENTS BASED ON THE REVISIONS IN REF A. (NOTE: THE FOLLOWING LIST DOES NOT INCLUDE SECNAV INSTRUCTIONS.)

  • A. REF D, PARAGRAPH 5.D(12), CONTAINS A REQUIREMENT TO SELF-REPORT ARRESTS THAT APPLIES THROUGHOUT THE PERIOD OF PROGRAM PARTICIPATION. THAT PROVISION, CONSISTENT WITH REF A, IS BASED ON A LEGITIMATE ADMINISTRATIVE REQUIREMENT AND REMAINS IN EFFECT.
  • B. THE SELF-REPORTING REQUIREMENT OF REF E, PARAGRAPH 8.R, IS CANCELED.
  • C. THE SELF-REPORTING REQUIREMENT OF REF F, IS AMENDED BY REPLACING
    CURRENT PARAGRAPH 510.6 WITH NEW PARAGRAPH 510.6 (IN UPPERCASE ITALICS TO REMAIN A GENERAL ORDER THAT APPLIES WITHOUT FURTHER IMPLEMENTATION) AS FOLLOWS:

ANY PERSON ARRESTED OR CRIMINALLY CHARGED BY CIVIL AUTHORITIES SHALL IMMEDIATELY ADVISE THEIR IMMEDIATE COMMANDER OF THE FACT THAT THEY WERE ARRESTED OR CHARGED. THE TERM ARREST INCLUDES AN ARREST OR DETENTION, AND THE TERM CHARGED INCLUDES THE FILING OF CRIMINAL CHARGES. PERSONS ARE ONLY REQUIRED TO DISCLOSE THE DATE OF ARREST/CRIMINAL CHARGES, THE ARRESTING/CHARGING AUTHORITY, AND THE OFFENSE FOR WHICH THEY WERE ARRESTED/CHARGED. NO PERSON IS UNDER A DUTY TO DISCLOSE ANY OF THE UNDERLYING FACTS CONCERNING THE BASIS FOR THEIR ARREST OR CRIMINAL CHARGES. DISCLOSURE IS REQUIRED TO MONITOR AND MAINTAIN THE PERSONNEL READINESS,WELFARE, SAFETY, AND DEPLOYABILITY OF THE FORCE. DISCLOSURE OFARREST/CRIMINAL CHARGES IS NOT AN ADMISSION OF GUILT AND MAY NOT BE USED AS SUCH, NOR IS IT INTENDED TO ELICIT AN ADMISSION FROM THE PERSON SELF-REPORTING. NO PERSON SUBJECT TO THE UNIFORM CODE OF MILITARY JUSTICE (UCMJ) MAY QUESTION A PERSON SELF-REPORTING AN ARREST/CRIMINAL CHARGES REGARDING ANY ASPECT OF THE SELF-REPORT, UNLESS THEY FIRST ADVISE THE PERSON OF THEIR RIGHTS UNDER UCMJ ARTICLE 31(B).

5. SEVERAL INSTRUCTIONS INDICATE THAT SERVICE MEMBERS MAY BE ASKED ABOUT ARRESTS OR CRIMINAL CHARGES AS PART OF A SPECIFIC APPLICATION OR SCREENING PROCESS. THOSE PROVISIONS ARE VALID WHETHER ISSUED BY CNO, OR OTHER COMPETENT AUTHORITY. THEREFORE, REFS G THROUGH J REMAIN IN EFFECT.

6. GUIDANCE ON DISCIPLINARY ACTION.

  • A. COMMANDERS SHALL NOT IMPOSE DISCIPLINARY ACTION FOR FAILURE TO SELF-REPORT AN ARREST OR CRIMINAL CHARGES PRIOR TO ISSUANCE OF THIS NAVADMIN. IN ADDITION, COMMANDERS SHALL NOT IMPOSE DISCIPLINARY ACTION FOR THE UNDERLYING OFFENSE UNLESS SUCH ACTION IS BASED SOLELY ON EVIDENCE DERIVED INDEPENDENTLY OF THE SELF-REPORT. CONSULT A JUDGE ADVOCATE PRIOR TO IMPOSING DISCIPLINARY ACTION IN SUCH CASES.
  • B. PER THIS NAVADMIN, COMMANDERS MAY IMPOSE DISCIPLINARY ACTION FOR
    FAILURE TO SELF-REPORT AN ARREST OR CRIMINAL CHARGES. HOWEVER, WHEN A SERVICE MEMBER DOES SELF-REPORT PURSUANT TO A VALID SELF-REPORTING REQUIREMENT, COMMANDERS WILL NOT IMPOSE DISCIPLINARY ACTION FOR THE UNDERLYING OFFENSE UNLESS SUCH DISCIPLINARY ACTION IS BASED SOLELY ON EVIDENCE DERIVED INDEPENDENTLY OF THE SELF-REPORT.
    COMMANDERS SHOULD CONSULT A JUDGE ADVOCATE PRIOR TO IMPOSING DISCIPLINARY ACTION.

7. COMMANDERS SHALL ENSURE THEIR INSTRUCTIONS DO NOT INCLUDE ADDITIONAL SELF-REPORTING REQUIREMENTS. HOWEVER, COMMANDERS OR PROGRAM MANAGERS MAY CONTINUE TO REQUEST INFORMATION ON ARRESTS OR CRIMINAL CHARGES AS PART OF AN APPLICATION OR SCREENING PROCESS, AS DESCRIBED IN PARAGRAPH 5 ABOVE.

Obviously, the interpretation of federal law is a difficult matter that should always be made in consultation with a competent advocate.  If an attorney is beyond your means, please take the time to talk to you Area Defense Counsel about your Air Force DUI charge.  Your career is important; too important to not take the time to ask the right questions.  If you need to speak to an attorney who has represented the accused drunk driver for over twenty years. We offer discounts to anyone charged with an Air Force DUI and anyone who is referred to us by an active-duty soldier.

Call Air Force DUI attorney Charles M. Rowland II at (937) 318-1384. 

Do You Face A Military OVI Charge?

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Do you face a military OVI? 

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 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/OVI 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.

Charles M. Rowland II has been certified as an expert in evidential breath testing and has testified as such in military OVI 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.

Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671. You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.

“All I do is DUI defense.”

For more info on military OVI cases, check these city-specific sites at the following links:

Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia,Miamisburg, Huber Heights, Springboro, Oakwood,Beavercreek, Centerville

Wright-Patterson Air Force Base DUI Arrest?

00DUI & Military IssuesTags: , , , , , , , , , , , , , , , ,

What do I do if I have a Wright-Patterson Air Force Base DUI (drunk driving) arrest?

wright patterson air force base

My practice is proud to 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 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).

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 since 1995.  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 Courtcontact Charles Rowland today.

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog

Email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

For more information on Wright-Patterson Air Force Base DUI or  city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg,Huber HeightsOakwoodBeavercreekCenterville