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statute of limitations on dwi's

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ahb300822

Junior Member
What is the name of your state? ft. polk, la

My question is, can a unit actually persue article 15 punishment on a dwi that is 3 months old (september 2004)? Also the unit just found out about the dwi on this date of this posting. I'm not for certain, but isn't the limitations for an art. 15 180 days from the day of the arrest?
 


badapple40

Senior Member
ahb300822 said:
What is the name of your state? ft. polk, la

My question is, can a unit actually persue article 15 punishment on a dwi that is 3 months old (september 2004)? Also the unit just found out about the dwi on this date of this posting. I'm not for certain, but isn't the limitations for an art. 15 180 days from the day of the arrest?
5 year limitation.
 

csporluck

Member
Has the person in question already been punished by a Civlian Authority? I know when I was in the Air Force an article 15 couldn't be given if a civilian authority has taken control of the situation (Double Jeopardy). That's why two guys in my shop only got slaps on the wrist...
 

rmet4nzkx

Senior Member
csporluck said:
Has the person in question already been punished by a Civlian Authority? I know when I was in the Air Force an article 15 couldn't be given if a civilian authority has taken control of the situation (Double Jeopardy). That's why two guys in my shop only got slaps on the wrist...
There is, The Dual Sovereignty Exception to Double Jeopardy in State and Federal Courts (2001).
This applies to UCMJ as well.
 

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