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Do any Prosecutors or Judges show leniency for 1.2 DUI, I am a 16 year Army Veteran with an excellent military record

Roanoke, VA |

I am being severely punished by the Army for being charged with dui, will the court take this in perspective. I have hired an attorney and have started accumulating reference letters from my prior commanders. I was found not guilty of DUI in 2002 in North Carolina, I currently live in SW Virginia. Will this prior charge show up in court and hurt my chances of lessening the charge

Attorney Answers 4


The courts generally take a lot of factors into account when it comes to sentencing. Also, the prosecutor might be persuaded in terms of how she approaches the case. These are matters that I'm sure your attorney will explore.
The prosecutor will have access to your driving record and your records, and so it's possible the prosecutor will find this information.
Normally, the Army waits until the civilian court has finished before taking a decision on whether to retain you on active duty or begin elimination proceedings.
Keep in mind there is no double jeopardy between the Commonwealth actions and what the Army is doing or will do.;; 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

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You need a civilian attorneys and a military attorney. Letters of reference will not go that far. The Army takes a very dim view of DUI these days. A Virginia attorney will be the best person to ask but if you were that drunk driving I would not expect much... Rely on your current attorney...

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

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Philip Douglas Cave

Philip Douglas Cave


A dim view - indeed.


Wrapping yourself in the Nations cloth, for the purpose of getting out of a DUI (and a second one at that) has potential to back-fire since service to ones country however diligent,is not a 'get out of jail free' pass.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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I think it is critical to highlight to the judge the fact that you are/will be punished separately by your chain of command considering how close you are to your retirement. Depending on the seriousness of the civilian conviction, this could be adverse separation, loss of military benefits, end of your military career, and thousands of dollars in retirement benefits. In addition, this could mean non-promotion, and other aspects to which many others who do not serve may not be subject to. You should probably highlight your deployments. Also, check with your attorney if any of your service connected medical issues could be partially responsible for your DUI.

This information is intended for public use only, it does not form an attorney-client relationship and it does not constitute legal advice. If you seek legal advice on military law issues, contact an military law attorney. My contact information is or 804-955-9867.

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