Sunday, July 22, 2012

NFL Player Charged with DUI on Army Post

Drving under the influence of alcohol is the single most common criminal offense charged nation-wide.
The days of "getting out" of a DUI arrest because of celebrity status are also a thing of the past.  Take for example this incident reported by the Associated Press involving Tennessee Titans player Kenny Britt:

"Tennessee Titan wide receiver Kenny Britt was charged with driving under the influence early Friday as he attempted to pass through a security gate at the Fort Campbell Army installation on the Tennessee-Kentucky state line, military officials said.
Britt was attempting to drive onto the post at Gate 4, which is on the Kentucky side of the installation, and his driving prompted military police to administer a field sobriety test, which showed indicators of intoxication, said Bob Jenkins, a spokesman for the post.
He refused to take a Breathalyzer test and was charged with DUI and implied consent and taken into custody around 3:30 a.m., Jenkins said.
He was later escorted by military police to the gate and released. Jenkins had no information about who was in the vehicle with him."

Being arrested by Military Police for a non-military member poses some interesting legal and practical issues for the prosecution.  Presumably the trial court would be in State Court.  But the State prosecutor would have a hard time successfully subponaeing the arresting MPs if they are transferred to other duty.

If Britt were in the military he would have been subject to the Uniform Code of Military Justice UCMJ instead of State Law.  In such a case he would be tried by a court martial.  The Law Offices of Brent M. Christensen has represented many miltary members who've been charged with DUI when on leave from the military.  These cases can have a devasting effect on the serviceman's military career.

Brent Christensen is a Wheaton DUI lawyer concentrating exclusively on representing individuals charged with DUI anywhere in DuPage County, including Naperville, Carol Stream, Elmhurst, Lombard, and Villa Park.

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