Thursday, February 27, 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.
Jerome v. United
States
Facts:
Defendant
appealed a magistrate's judgment in Massachusetts, which imposed a ticket for
the 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:
- In reviewing a
magistrate's conviction, the scope of the appeal is the same as in an
appeal to the court of appeals from a judgment entered by a district
judge. Fed. R. Crim. P. 58(g)(2)(D). The standard of review from a
conviction entered by a magistrate judge is well-settled. Conclusions of
law are subject to de novo review, while findings of fact are reviewed
only for clear error, just as would be the case were the matter on appeal
from a district court bench trial to a court of appeals.
- 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:
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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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