Thursday, February 20, 2014
Federal OUI Ticket In Massachusetts Lawyers Chemical 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.
Francis v. United
States
Facts:
Defendant was
charged with operating under the influence (OUI) of alcohol and given a ticket
for 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:
- Under 16 U.S.C.S. §
1a-6(b), a United States park ranger may: (1) make arrests without warrant
for any offense against the United States committed in his presence as
long as such arrests occur within that system or the person to be arrested
is fleeing therefrom to avoid arrest, 16 U.S.C.S. § 1a-6(b)(1); and (2)
conduct investigations of offenses against the United States committed in
that system, 16 U.S.C.S. § 1a-6(b)(3), without any geographic limit to the
investigation.
- The typical traffic stop
resembles, in duration and atmosphere, the kind of brief detention
authorized in Terry. Like the reasonable suspicion that criminal activity
is afoot in the Terry context, the detection of a traffic violation
permits officers to effect a limited seizure of the driver and any
passengers consistently with the Fourth Amendment. Several courts
analyzing 16 U.S.C.S. § 1a-6(b)(3) have held that there is no reason to
believe that Congress intended the park police officers' authority to
investigate be construed so narrowly as to exclude Terry stops.
Our law firm has
the necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
Disclaimer:
These summaries are
provided by the SRIS Law Group. They
represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for
their authoritative content.
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About Mr. Gilmore
Mr. Gilmore earned his law degree at Boston University School of Law, one of the top law schools in the country. He obtained his undergraduate degree at Assumption College with a double major in Political Science and Philosophy. Prior to attending law school, he was a Bodily Injury Claims Adjuster with a large national insurer. Mr. Gilmore’s previous legal experience includes the Cape and Islands District Attorney’s Office and the Committee for Public Counsel Services-Trial Division. More about Gilmore
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