Saturday, April 12, 2014
Federal OUI Ticket In Massachusetts Lawyers 36 CFR 4.23 Breath Test
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.
Charlie v. United
States
Facts:
Defendant was
charged in two violation notices with operating a motor vehicle under the
influence of alcohol and refusal to take a breath test in the Cape Cod National
Seashore in violation of 36 C.F.R. § 4.23(a)(1) and (c)(2). After a nonjury
trial, the court found defendant guilty of both charges. Defendant filed a
motion for a required finding of not guilty on the charge of refusing the
breath test. The Defendant had in an
earlier proceeding been imposed with ticket for speeding.
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:
- Under Massachusetts law,
there are administrative penalties for a person under the age of
twenty-one whose blood alcohol content is.02 or higher.
- Criminal liability for
driving under the influence of alcohol is the same regardless of age in
Massachusetts ; the prosecution must prove a blood alcohol content of.08
or higher.
- Under 36 C.F.R. §
4.23(c)(2), refusal to take a breath test is not an option; refusal to
take the test is "prohibited."
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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