Friday, October 31, 2014
Federal OUI In Massachusetts Lawyers Reckless Driving
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 challenged a judgment of a United States Magistrate Judge, who found her guilty of operating under the influence (OUI) in violation of 36 C.F.R. § 4.23(a) (1992) and reckless driving in violation of 36 C.F.R. § 4.2 (1992) on federal property.
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 threshold matter in any prosecution brought under 36 C.F.R. § 4.23(a) (1992) is whether the conduct in question occurred on a federal enclave. A business record is recognized as an exception to the hearsay rule because it is made in the regular course of business and therefore possesses certain "hallmarks of authenticity. In order for evidence to be admissible as a business record under Fed. R. Evid. 803(6) it must be transmitted by a declarant with knowledge in the ordinary course of a regularly conducted business activity as shown by the testimony of the custodian or other qualified witness. Fed. R. Evid. 803(6).
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, October 29, 2014
Federal OUI In Massachusetts Lawyers 36 CFR 4.23 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.
Linda v. United States
Facts:
Defendant challenged a judgment of a United States Magistrate Judge, who found her guilty of operating under the influence (OUI) in violation of 36 C.F.R. § 4.23(a) (1992) and reckless driving in violation of 36 C.F.R. § 4.2 (1992) on federal property.
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 reckless driving is an offense not specifically enumerated in the Code of Federal Regulations, 36 C.F.R. § 4.2 (1992) applies to incorporate the Virginia Code provisions which prohibit the offense. Va. Code Ann. § 46.2-852 (1989 & Supp. 1992). However, the offense of driving under the influence and the procurement of blood samples for such a charge are specifically addressed in 36 C.F.R. § 4.23(a) (1992). Therefore, 36 C.F.R. § 4.2 (1992) is inapposite.
- The Code of Federal Regulations provides that unless specifically addressed by regulations in this chapter, traffic and the use of vehicles within a park area are governed by state law. 36 C.F.R. § 4.2(a) (1992).
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 In Massachusetts Lawyers Operating Influence Alcohol
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.
Joe v. United States
Facts:
Defendant sought review of the order from the United States District Court, which convicted him on involuntary manslaughter, reckless driving, and operating while under the influence of alcohol (OUI). Defendant was sentenced to 15 months in prison and one year of supervised release for involuntary manslaughter and 3 months in prison to run concurrently for each of the other convictions.
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 evaluating the sufficiency of the evidence to support a conviction, the relevant question is whether, viewing the evidence in the light most favorable to the government, any rational trier of facts could have found the defendant guilty beyond a reasonable doubt. The court must consider circumstantial as well as direct evidence, and allow the government the benefit of all reasonable inferences from the facts proven to those sought to be established. The court does not weigh evidence or review the credibility of witnesses in resolving issues of substantial evidence. Circumstantial evidence need not exclude every reasonable hypothesis of innocence.
- The purpose of establishing "chain of custody" as a threshold requirement to admission of evidence is to establish that the item to be introduced is what it purports to be. The ultimate question is whether the authentication testimony was sufficiently complete so as to convince the court that it is improbable that the original item had been exchanged with another or otherwise tampered with. Precision in developing chain of custody is not an iron-clad requirement. Admission of evidence is not prevented just because there may be a missing link in its chain of custody, so long as there is sufficient proof that the evidence is what it purports to be and has not been altered in any material aspect. Resolution of a chain of custody question rests with the sound discretion of the trial judge.
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.
Monday, October 27, 2014
Federal OUI In Massachusetts Lawyers Operating Influence License Suspended
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.
Miller v. United States
Facts:
Defendant filed a motion to suppress the results of a breathalyzer test after he was charged with driving while intoxicated, operating while under the influence of alcohol (OUI), driving while under the influence of drugs or a combination of drugs and alcohol, driving on a highway at a time when the defendant's privilege to drive was suspended, and failing to display drivers license upon demand of a uniformed police officer.
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:
- It is clear that an individual may be compelled to take a chemical test so long as there are reasonable grounds to believe that the person was driving a motor vehicle while under the influence of alcohol or drugs. Of course, unreasonable physical violence in administering the test would likely not be sanctioned and would likely invalidate the test.
- An operator of a commercial vehicle is deemed to be driving under the influence of alcohol if the individual's blood alcohol concentration level is at or above .04 percent.
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 In Massachusetts Lawyers Operating Influence 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.
George 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:
- Under National Park Service (NPS ) regulations, it is illegal to operate a motor vehicle under the influence (OUI) within the boundaries of a national park. 36 C.F.R. § 4.23(a). Pursuant to 36 C.F.R. § 2.18(a), § 4.23 is made applicable to the operation of snowmobiles. Therefore, under NPS regulations, the same section covers both snowmobile and motor vehicle OUI.
- The United States Forest Service defines vehicle broadly enough to include snowmobiles. 36 C.F.R. § 261.2 defines a vehicle as any device in, upon, or by which any person or property is or may be transported, including any frame, chassis, or body of any motor vehicle, except devices used exclusively upon stationary rails or tracks; defining motor vehicle to include a snowmobile: Motor vehicle means any vehicle which is self-propelled. 36 C.F.R. § 212.1 defines an over-snow vehicle as any motor vehicle designed for use over snow and that runs on a track or tracks and/or a ski or skis, while in use over snow. Regarding driving while under the influence, 36 C.F.R. § 261.13 prohibits using any vehicle off road while under the influence of alcohol. 36 C.F.R. § 261.13(e) prohibits the operation of any vehicle off National Forest System, State or County roads while under the influence of alcohol or other drug.
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, October 24, 2014
Federal OUI In Massachusetts Attorney 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.
Stalin 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.
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 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.
Thursday, October 23, 2014
Federal OUI In Massachusetts Lawyers 36 CFR 4.23 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.
Allen 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:
- Under National Park Service (NPS ) regulations, it is illegal to operate a motor vehicle under the influence (OUI) within the boundaries of a national park. 36 C.F.R. § 4.23(a). Pursuant to 36 C.F.R. § 2.18(a), § 4.23 is made applicable to the operation of snowmobiles. Therefore, under NPS regulations, the same section covers both snowmobile and motor vehicle OUI.
- 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:
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, September 16, 2014
Federal OUI 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.
Stephen 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..
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..
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, September 15, 2014
Federal OUI In Massachusetts Lawyers Influence Alcohol
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.
Norman v. United
States
Facts:
Defendant
challenged a sentence imposed by the United States District Court for the
District of Massachusetts. Defendant raised a question of first impression
concerning the application of U.S. Sentencing Guidelines Manual § 4A1.1(d).
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:
- Courts applying U.S.
Sentencing Guidelines Manual § 4A1.1(d) have interpreted U.S. Sentencing
Guidelines Manual § 4A1.1, cmt. n. 4, as allowing the use of relevant
conduct to broaden the boundaries of the offense of conviction rather than
to shrink those boundaries.
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.
Monday, August 25, 2014
Federal OUI In Massachusetts Lawyers Blood 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.
Brown v. United
States
Facts:
Defendant, a
flight controller, answered "no change" to questions regarding
operating a vehicle under the influence of alcohol (OUI) convictions on forms
submitted to the FAA. Although defendant reported his first OUI conviction, he
never reported his subsequent OUI convictions.
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:
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, August 22, 2014
Federal OUI In Massachusetts Lawyers 36 CFR 4.23Violation
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.
Armstrong v.
United States
Facts:
Defendant pled
guilty for his criminal offense. 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:
- Under First Circuit
precedent, federal, no state law determines whether an offense runs afoul
of U.S. Sentencing Guidelines Manual § 4A1.2(c)(2). First, to ascertain
the scope of § 4A1.2(c)(2), a court should look to the substance of the
underlying state offense in order to determine whether it falls within the
proscription. Then, the court looks to the relative danger posed by each..
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.
Monday, August 18, 2014
Federal OUI In Massachusetts Lawyers Influence Alcohol
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:
Petitioner sought
review of the order from the United States Court of Appeals for the First
Circuit, which denied petitioner's motion for a writ of habeas corpus that
would have blocked the state from prosecuting him for operating a motor vehicle
under the influence of alcohol.
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 state criminal case is
ripe for the ministrations of a federal habeas court only after completion
of the state proceedings. That is, after a defendant has been tried,
convicted, sentenced, and has pursued available direct appeals..
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, August 15, 2014
Federal OUI In Massachusetts Lawyers Blood Alcohol Test Breath
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.
Walter v. United
States
Facts:
Appellant driver
sought review of the judgment of the United States District Court
(Massachusetts). He challenged the
constitutionality of his conviction and sentence under an implied consent law
where, prior to his decision not to take a blood/alcohol test, the police
informed him of "the consequences" of refusing to take the test but
did not mention the mandatory jail sentence and denied his request to call his
attorney.
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 Due Process Clause
of the U.S. Const. prohibits deprivations of life, liberty, or property
without "fundamental fairness" through governmental conduct that
offends the community's sense of justice, decency, and fair play..
Sunday, April 27, 2014
Federal OUI 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.
Nicholas v.
United States
Facts:
Defendant
appealed a magistrate's judgment, which convicted him of 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, April 25, 2014
Federal OUI In Massachusetts Lawyers Operating Under Influence Alcohol
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.
Garry v. United
States
Facts:
Defendant was
charged in two violation notices with operating a motor vehicle under the
influence (OUI) 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.
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.
- 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.
Thursday, April 24, 2014
Federal OUI 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.
Richard v. United
States
Facts:
During a bench
trial, the court granted defendant's motion for judgment of acquittal on a
charge of operating a motor vehicle in a national park with a BAC in excess of
0.08. The court then entered findings of fact and conclusions of law as they
related to a charge pursuant to 36 C.F.R. § 4.23(a)(1) that defendant was
incapable of safely operating a motor vehicle because of alcohol consumption.
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 C.F.R. gives no
guidance as to the evidentiary relationship between any given blood
alcohol test result and capability to safely operate a motor vehicle, the
crucial element of the charge of operating a motor vehicle while incapable
of safely operating the same.
- To establish a violation
of 36 C.F.R. § 4.23(a)(1), the government must prove that the defendant
was incapable of safely operating a motor vehicle as a result of being
under the influence of intoxicating liquor and/or drugs.
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:
Wednesday, April 23, 2014
Federal OUI 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.
Evans v. United
States
Facts:
Defendant was
charged with operating under the influence (OUI) of alcohol, a violation of 36
C.F.R. § 4.23(a)(1), unsafe operation of a motor vehicle, a violation of 36
C.F.R. § 4.22(b)(1), and refusal to submit to a chemical test, a violation of
36 C.F.R. § 4.23(a)(1). Before the court was defendant's motion to dismiss the
complaint or, in the alternative, suppress evidence derived from the stop of
defendant's vehicle by a United States park ranger.
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:
- When history has not
provided a conclusive answer, courts have analyzed a search or seizure in
light of traditional standards of reasonableness by assessing, on the one
hand, the degree to which it intrudes upon an individual's privacy and, on
the other, the degree to which it is needed for the promotion of
legitimate governmental interests. When an officer has probable cause to
believe a person committed even a minor crime in his presence, the
balancing of private and public interests is not in doubt. The warrantless
arrest is constitutionally reasonable.
- The underlying command
of the Fourth Amendment is reasonableness, and the fact that an arrest may
have violated a territorial-limitation statute is merely a factor to be
considered when deciding whether this constitutional mandate has been
followed. A warrantless arrest by a law officer is reasonable under the
Fourth Amendment where there is probable cause to believe that a criminal
offense has been or is being committed.
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, April 22, 2014
Federal OUI In Massachusetts Lawyers Reasonable Suspicion Arrest
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.
Moody 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 OUI 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.
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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