Thursday, April 17, 2014

Federal OUI Ticket In Massachusetts Lawyers 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.

Wilson v. United States

Facts:

Defendant appealed his conviction entered by the magistrate judge of violating 36 C.F.R. § 2.35(c), which prohibits presence in a national park while under the influence of alcohol to a degree that may endanger oneself, another person, or park property, under U.S. Const. amend. V. He had been imposed with a traffic ticket in the past for operating under influence (OUI) in Massachusetts. 

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:

  • In considering the sufficiency of a guilty verdict, a district court sitting as an appellate court must review the guilty verdict to determine whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crimes beyond a reasonable doubt. Moreover, when reviewing a bench trial, the court is not free to reject either findings of fact of the trial judge or the conclusions he draws therefrom unless they are clearly erroneous, that is, unless, on the whole of the record, the court forms a strong, unyielding belief that a mistake has been made. Under this "clear error" standard, the appellant bears a heavy burden.
  • The phrase "presence in a park area" as used in 36 C.F.R. § 2.35(c) generates no vagueness problems. Furthermore, courts in various contexts have consistently held that the phrase "under the influence of alcohol" does not provide excessive discretion to law enforcement personnel.
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