DO NOT again go online with any of your case facts.
IMMEDIATELY contact a DUI attorney in Fayetteville.
IMMEDIATELY see the legal service office and speak to TDS.
No it is not double jeopardy
DO NOT discuss the matter with anyone but your attorney.
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While you may be in the military, you are still very much subject to civilian laws. This is not a "military" dui nor is double jeopardy an issue. You need to seek out a competent DWI defense lawyer in your county. Good luck to you.
Fred Amos provides legal representation in Wake County, North Carolina. Any answer provided through this discussion board is a general response to the question and NOT intended as legal advice. Responding to this question does not constitute an attorney-client relationship. Always seek the advice of a lawyer directly to address your specific circumstances. Free consultation and flexible payment plans for DWI's. Call 919-803-7208.
Completely agree with Mr. Rafter, but I would also like to add that even though this is a civilian arrest, commands generally punish the soldier regardless of the outcome in the civilian court. Thus, your command could Article 15 you without the DUI matter ever being adjudicated. Try to retain a civilian defense attorney who can handle the civilian matter, but also has experience in military law. v/r
In general, the prior posts are correct, no double jeopardy issue. That said, there were cases in the District Court for Eastern Virginia earlier this year where DUI prosecutions were dismissed under the Fifth Amendment against Marines at Quantico after they received NJP for the same offense. This is a complex issue and it may be worthwhile to contact one of the attorneys who focus on military criminal law to ensure your rights are being protected.
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