Tuesday, March 18, 2014
Federal OUI Ticket In Massachusetts Lawyers Violation 36 CFR 4.23
If you have been
charged with OUI which took place on a road owned by the Federal government,
National Park Service land, place on federally owned property, including
military bases or other government-owned lands or roads, such as the GW Parkway
and the Pentagon parking lot then you will be prosecuted in a Federal
court.
Under 36 CFR 4.23
Operating under the influence of alcohol or drugs
"(a) Operating or being in actual physical control
of a motor vehicle is prohibited while:
(1)
Under the influence of alcohol, or a drug, or drugs, or any combination
thereof, to a degree that renders the operator incapable of safe operation; or
(2)
The alcohol concentration in the operator's blood or breath is 0.08 grams
or more of alcohol per 100 milliliters of blood or 0.08 grams or more of
alcohol per 210 liters of breath. Provided however, that if State law that
applies to operating a motor vehicle while under the influence of alcohol
establishes more restrictive limits of alcohol concentration in the operator's
blood or breath, those limits supersede the limits specified in this
paragraph."
Below is a sample
case of federal DUI in Massachusetts as interpreted by a lawyer in our firm.
Have you been
charged with federal DUI in Massachusetts and you are wondering what the
penalty is for federal DUI and need a lawyer to defend you?
Are you concerned
about the consequences of being charged with federal DUI in Massachusetts and
you are wondering what the penalty is for federal DUI?
For a lot of our
clients, a charge of federal DUI can result in the loss of their job, their
security clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of federal DUI
in Massachusetts.
Our law firm has
the necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
Derick v. United
States
Facts:
In an action
where defendant a resident of Massachusetts was imposed with traffic ticket for
operating under the influence of alcohol (OUI) in a national park in violation
of 36 CFR §§ 4.23(a)(1) and (a)(2) (1992), the United States filed a petition
for a writ of certiorari to the United States Court of Appeals for the First
Circuit. The court of appeals found that defendant was entitled to a jury
trial.
If you are facing
a federal DUI case in Massachusetts, contact a SRIS Law Group lawyer for
help. You can reach us at 888-437-7747
Holdings:
The Federal Court
made the following holding:
- Because the maximum term
of imprisonment is six months, DUI under 36 CFR § 4.23(a)(1) (1992) is
presumptively a petty offense to which no jury trial right attaches.
- There are 21
discretionary conditions which a sentencing court may impose upon a
defendant. Under 18 U.S.C.S. § 3563(b), a court may require, among other
things, that the defendant (1) pay restitution; (2) take part in a drug
and alcohol dependency program offered by an institution, and if
necessary, reside at the institution; (3) remain in the custody of the
Bureau of Prisons during nights and weekends for a period not exceeding
the term of imprisonment; (4) reside at or participate in a program of a
community correctional facility for all or part of the probationary term;
or (5) remain at his place of residence during nonworking hours, and, if
necessary, this condition may be monitored by telephonic or electronic
devices. 18 U.S.C.S. §§ 3563(b)(3), (b)(10), (b)(11), (b)(12), (b)(20).
Our law firm has
the necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
Disclaimer:
These summaries are
provided by the SRIS Law Group. They
represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for
their authoritative content.
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About Mr. Gilmore
Mr. Gilmore earned his law degree at Boston University School of Law, one of the top law schools in the country. He obtained his undergraduate degree at Assumption College with a double major in Political Science and Philosophy. Prior to attending law school, he was a Bodily Injury Claims Adjuster with a large national insurer. Mr. Gilmore’s previous legal experience includes the Cape and Islands District Attorney’s Office and the Committee for Public Counsel Services-Trial Division. More about Gilmore
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