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i got a dui. i am in the military and they are giving me an article 15 uniforml code of military justice and the civilian courts are saying fines and 10 days to a year in jail. Isnt that double jeapordy?

Submitted: 32 days and 21 hours ago.

Category: Legal

Value: $18

Status: AWAITING CUSTOMER ACTION

Thanks for your qustion.This would not be double jeopardy here.The miitary is disciplining you for military code violations and the state here is prosecuting you for the offense.You can try and raise this here but don't count on it being successful.This is common where civilian offense but it violates miliry code here as well.

Accepts:
Expert:	RayAnswers
Pos. Feedback:	97.9 %
Answered:	10/19/2009

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25 years in civil, criminal, family, probate, elder issues, and administrative law

32 days and 21 hours ago.

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even if the military is taking rank and pay from me and the civilian courts can throw me in jail to??

Posted by RayAnswers 32 days and 21 hours ago.

Answer

You would have your best argument here in military court that they already punished you in state court for the offense.The civilain court here is prosecuting you for the dui.The military here would be where you can seek to make double jepardy claim.You should have appointed counsel here avaialable to you here in the military for their part.

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