Monday, March 31, 2014
Federal OUI Ticket In Massachusetts Lawyers Operating Influence
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.
Gerald v. United
States
Facts:
Defendant
appealed a District Court’s judgment, which convicted him in Massachusetts of
the misdemeanor charge of operating a motor vehicle while under the influence (OUI)
under 36 C.F.R. § 4.23(a)(1). He had been issued with a traffic ticket for
speeding in the past.
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:
- Consistent with First
Circuit authority, a district court reviews a 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.
- The text of 36 C.F.R. §
4.23(a)(1) prohibits not only operation of a motor vehicle while under the
influence, but extends to being in actual physical control while under the
influence. If being in actual physical control is to mean anything, it
must refer to something less than actual operation. The regulation applies
whether the vehicle is in motion or not. Under the regulation, the
government is not required to prove that defendant was actually operating
the vehicle, and the fact that his vehicle was parked does not by itself
make the regulation inapplicable.
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.
Saturday, March 29, 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.
Franklin v.
United States
Facts:
Defendant
appealed a magistrate's judgment, which imposed traffic ticket on him for the
misdemeanor charge of operating a motor vehicle while under the influence (OUI)
under 36 C.F.R. § 4.23(a)(1)
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:
- Consistent with First
Circuit authority, a district court reviews a 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.
- The elements of 36
C.F.R. § 4.23(a)(1) are: (1) defendant was operating or in actual physical
control of a vehicle; (2) while under the influence of alcohol to a degree
of intoxication that rendered him incapable of safe operation; and, (3)
within the boundaries National Park Service lands.
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:
Friday, March 28, 2014
Federal OUI Ticket In Massachusetts Lawyers Reasonable Suspicion
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.
Franco v. United
States
Facts:
Defendant's OUI
arrest occurred after an officer saw him wandering drunkenly. Defendant then
got into his van and fell asleep at the wheel with a beer can and the key in
the ignition. A search of the van incident to arrest produced drugs. Based on
the Fourth Amendment, the court upheld the denial of defendant's motion to
suppress. There was a reasonable suspicion to think that the crime of OUI had
been committed, which resulted in the search. Defendant's theory that
reasonable suspicion of OUI could not exist because he was found asleep behind
the wheel with the engine not running was rejected. The court also rejected
defendant's argument that hearsay was erroneously admitted in violation of his
rights under the Confrontation Clause of the Sixth Amendment based on Crawford.
Crawford stated that a declarant's testimonial out-of-court statement was
inadmissible unless one of three exceptions were met. Defendant challenged the
admission of testimony indicating that a non-testifying informant stated that
defendant was a drug dealer. Although the statement was testimonial, because
defendant did not object and because the jury received a limiting instruction,
there was no plain error.
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:
- Reasonable suspicion, a
less demanding standard than probable cause, denotes at least a minimal
level of objective justification for a stop. In evaluating whether
reasonable suspicion is present, a court looks at the totality of the
circumstances to see whether the detaining officer had a particularized
and objective basis for suspecting legal wrongdoing. A declarant's
testimonial out-of-court statement is not admissible under the
Confrontation Clause unless (1) the declarant testifies, or (2) the
defendant had a prior opportunity for cross-examination and the declarant
is unavailable, (3) the evidence is admitted for purposes other than
establishing the truth of the matter asserted.
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.
Wednesday, March 26, 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.
Charles v. United
States
Facts:
Defendant was
charged in Massachusetts with operating under the influence (OUI) of alcohol
and/or drugs, in violation of 36 C.F.R. § 4.23(a)(1), and driving with a blood
alcohol concentration of.08 or more, in violation of 36 C.F.R. § 4.23(a)(2).
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:
- The Fourth Amendment
protects the right of the people to be secure in their persons, houses,
papers and effects, against unreasonable searches and seizures. U.S.
Const. amend. IV. The United States Supreme Court has held that an
individual does possess a privacy interest in his blood for purposes of
the Fourth Amendment.
- The Fourth Amendment
will only apply to governmental conduct that can reasonably be
characterized as a search or a seizure. Where governmental conduct is
motivated by investigatory or administrative purposes, it will fall within
the scope of the Fourth Amendment since such conduct constitutes a search
or seizure and, conversely, where governmental conduct is not actuated by
an investigative or administrative purpose, it will not be considered a
search or a seizure for Fourth Amendment purposes. The issue of whether or
not the challenged conduct qualifies as conduct covered by the Fourth
Amendment should not be confused with the issue of whether the defendant
possessed a reasonable expectation of privacy in his blood. The United
States Supreme Court has held that an individual possesses a privacy
interest in his blood for purposes of the Fourth Amendment. In regard to
the interplay between these two Fourth Amendment issues, the Court has
stated: But the question of whether the challenged governmental conduct is
the type of conduct proscribed by the Fourth Amendment analytically
precedes the question of whether there is a privacy interest at stake.
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.
Tuesday, March 25, 2014
Federal OUI Ticket In Massachusetts Lawyers Field Sobriety Tests
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.
Jones v. United
States
Facts:
Defendant
appealed his conviction in the United States District Court for the District
for possession of cocaine with intent to distribute, in violation of 21
U.S.C.S. § 841(a)(1). Defendant had also been arrested for the state crime of
operating under the influence (OUI) after he failed field sobriety tests..
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:
- A court's review of the
ultimate determinations of probable cause and reasonable suspicion on a
motion to suppress is de novo. Subsidiary factual findings are reviewed
for clear error, giving due weight to inferences drawn from those facts by
resident judges and local law enforcement officers.
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.
Friday, March 21, 2014
Federal OUI Ticket In Massachusetts Lawyers Minimal Participant
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.
Tolson v. United
States
Facts:
Defendant pled
guilty to money laundering. Defendant raised issues with his presentence
report, to wit: he challenged the criminal history points assigned for his
prior convictions for operating a snowmobile under the influence (OUI) and for
his conviction for violating a condition of his release, and he challenged the
reduction given for his role in the offense, arguing that he was a minimal
participant. The court addressed the issues.
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:
- To determine whether a
previous conviction should be included to calculate a defendant's criminal
history category, once the government establishes the existence of a prior
conviction, the burden shifts to the defendant to show that the earlier
conviction was constitutionally infirm or otherwise inappropriate for
consideration. Silence alone does not meet this burden, as the defendant
is in the best position to offer details about his own criminal history.
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:
Thursday, March 20, 2014
Federal OUI Ticket In Massachusetts Lawyers Probable Cause
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.
Creamer v. United
States
Facts:
Defendant
appealed his conviction in the United States District Court for possession of
cocaine with intent to distribute, in violation of 21 U.S.C.S. § 841(a)(1).
Defendant had also been arrested for the state crime of operating under the
influence (OUI) after he failed field sobriety tests and was issued traffic
ticket.
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:
- A declarant testimonial out-of-court
statement is not admissible under the Confrontation Clause unless (1) the
declarant testifies, or (2) the defendant had a prior opportunity for
cross-examination and the declarant is unavailable, (3) the evidence is
admitted for purposes other than establishing the truth of the matter
asserted. Reasonable suspicion, a less demanding standard than probable
cause, denotes at least a minimal level of objective justification for a
stop. In evaluating whether reasonable suspicion is present, a court looks
at the totality of the circumstances to see whether the detaining officer
had a particularized and objective basis for suspecting legal wrongdoing.
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.
Tuesday, March 18, 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.
Bryan v. United
States
Facts:
The United States
Court of Appeals upheld a determination that defendant's prior driving under
the influence of alcohol (DUI) convictions under 36 CFR § 4.23. On defendant's petition, certiorari was
granted. The Defendant was imposed a traffic ticket for speeding in the
past.
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:
- Driving under the
influence of alcohol differs from 18 U.S.C.S. § 924(e)(2)(B)(ii)'s example
crimes -- burglary, arson, extortion, and crimes involving the use of
explosives -- in at least one pertinent, and important, respect. The
listed crimes all typically involve purposeful, "violent," and
"aggressive" conduct. That conduct is such that it makes more
likely that an offender, later possessing a gun, will use that gun
deliberately to harm a victim. Crimes committed in such a purposeful,
violent, and aggressive manner are potentially more dangerous when
firearms are involved. And such crimes are characteristic of the armed
career criminal, the eponym of the statute.
- A drunk driver may very
well drink on purpose. But, unlike 18 U.S.C.S. § 924(e)(2)(B)(ii)'s
example crimes, the conduct for which the drunk driver is convicted
(driving under the influence) need not be purposeful or deliberate.
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:
Federal OUI Ticket In Massachusetts Lawyers
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.
Mark v. United
States
Facts:
Defendant
appealed an order of the United States District Court for the District of
Massachusetts, which denied his motion, pursuant to Fed. R. Crim. P. 29, for a
judgment of acquittal for his convictions of five counts of making a false
statement to the Federal Aviation Administration (FAA) in violation of 18
U.S.C.S. § 1001.
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:
- To establish a violation
of 18 U.S.C.S. § 1001, the government must prove that defendant knowingly
and willfully made or used a false writing or document, in relation to a
matter within the jurisdiction of the United States government, with
knowledge of its falsity. .
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:
Federal OUI Ticket In Massachusetts Lawyers Alcohol Drugs 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.
Cadwel 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 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..
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..
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:
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.
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.
Queen v. United
States
Facts:
Defendant was
arrested on National Park Service land and was imposed with traffic ticket
under 36 C.F.R. § 4.23(a)(2) for operating under the influence (OUI) of alcohol
with a blood alcohol level exceeding 0.08 percent and under 36 C.F.R. §4.12 for
failure to comply with a traffic control device. She filed a motion requesting
that the court suppress all evidence seized as a result of a ranger's request
to exit the vehicle and the results of the breath test performed on her.
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 the Fourth
Amendment, police officers may make a brief investigatory stop if, under
the totality of the circumstances, they are aware of facts leading to a
well-founded suspicion that a person has, is, or about to engaged in
criminal activity. It is well established that traffic violations
constitute criminal conduct and provide enough reasonable suspicion to
warrant an investigatory (Terry) stop. Moreover, a police officer has the
right to order a driver out of the vehicle during a Terry stop.
- 36 C.F.R. § 4.23
specifically addresses federal procedures for chemical tests in national
parks, providing that any test shall be conducted by using accepted
scientific methods and equipment of proven accuracy and reliability
operated by personnel certified in its use. 36 C.F.R. § 4.23(c)(4). The
testing procedures specifically defined in this regulation, which do not
defer to or incorporate state procedures, govern breath tests administered
in national parks. While this regulation does not specify the methods and
procedures to employ when using a testing device with the level of detail
set forth in Massachusetts state rules, 501 Mass. Code Regs. § 2.55, the
Park Service's regulation is sufficiently specific and comprehensive to
satisfy the "unless" clause of 36 C.F.R. § 4.2(a).
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:
Federal OUI Ticket In Massachusetts Lawyers Influence 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.
Warner 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 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...
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:
- 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...
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:
Tuesday, March 4, 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.
Pollard v. United
States
Facts:
Defendant was
charged in Massachusetts with two violations of 36 C.F.R. § 4.23(a), operating
under the influence (OUI), and a violation of 36 C.F.R. § 2.35(c), intoxication
in a national park. At trial, defendant moved for a judgment of acquittal on
all the charges. At the close of evidence, the court took defendant's motions
for judgment of acquittal under advisement to issue a written ruling.
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 Virginia law,
operating or being in actual physical control of a vehicle while
intoxicated has been interpreted to constitute initiating mechanical
operations of a vehicle. Where the defendant does not engage the
mechanical or electrical equipment of his car, the defendant did not drive
or operate the car within the meaning of the statute.
- For purposes of driving
under the influence charges, actual physical control may remain when the
vehicle is capable of readily being made operable, or of being put into
motion as by coasting.
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:
Monday, March 3, 2014
Federal OUI Ticket In Massachusetts Lawyers Suffolk
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.
Prince v. United
States
Facts:
Defendant
appealed from the Supreme Judicial Court for the County of Suffolk
(Massachusetts), which denied her motion to dismiss plaintiff Commonwealth's
complaint alleging that she operated a motor vehicle while under the influence
of intoxicating liquor in violation of Mass. Gen. Laws ch. 90, § 24(1)(a)(1)
(1994)..
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:
- Although not expressly
included in the Mass. Const. Declaration of Rights, the prohibition
against double jeopardy has long been recognized as part of Massachusetts
common and statutory law. Mass. Gen. Laws ch. 263, § 7.
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:
Subscribe to:
Posts (Atom)
Blog Archive
-
2014
(58)
- October(7)
- September(2)
- August(4)
- April(22)
-
March(15)
- Federal OUI Ticket In Massachusetts Lawyers Operat...
- Federal OUI Ticket In Massachusetts Lawyers 36 CFR...
- Federal OUI Ticket In Massachusetts Lawyers Reason...
- Federal OUI Ticket In Massachusetts Lawyers 36 CFR...
- Federal OUI Ticket In Massachusetts Lawyers Field ...
- Federal OUI Ticket In Massachusetts Lawyers Minima...
- Federal OUI Ticket In Massachusetts Lawyers Probab...
- Federal OUI Ticket In Massachusetts Lawyers 36 CFR...
- Federal OUI Ticket In Massachusetts Lawyers
- Federal OUI Ticket In Massachusetts Lawyers Alcoho...
- Federal OUI Ticket In Massachusetts Lawyers Violat...
- Federal OUI Ticket In Massachusetts Lawyers 36 CFR...
- Federal OUI Ticket In Massachusetts Lawyers Influe...
- Federal OUI Ticket In Massachusetts Lawyers Violat...
- Federal OUI Ticket In Massachusetts Lawyers Suffolk
- February(8)
Powered by Blogger.
Popular Posts
-
If you have been charged with OUI which took place on a road owned by the Federal government, National Park Service land, place on federall...
-
If you have been charged with OUI which took place on a road owned by the Federal government, National Park Service land, place on federall...
-
If you have been charged with OUI which took place on a road owned by the Federal government, National Park Service land, place on federall...
-
If you have been charged with OUI which took place on a road owned by the Federal government, National Park Service land, place on federall...
-
If you have been charged with OUI which took place on a road owned by the Federal government, National Park Service land, place on federall...
Social Icons
Email Us:
Our Phone #
|
Massachusetts | |
| Cambridge | 888-437-7747 |
| Worcester | 888-437-7747 |
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