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.
Sunday, April 20, 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.
Franco 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 traffic crime of operating under the
influence (OUI) after he failed field sobriety tests for which ticket was
issued.
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. 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.
Thursday, April 17, 2014
Federal OUI Ticket In Massachusetts Lawyers 36 CFR 4.23
If you have been
charged with OUI which took place on a road owned by the Federal government,
National Park Service land, place on federally owned property, including
military bases or other government-owned lands or roads, such as the GW Parkway
and the Pentagon parking lot then you will be prosecuted in a Federal
court.
Under 36 CFR 4.23
Operating under the influence of alcohol or drugs
"(a) Operating or being in actual physical control
of a motor vehicle is prohibited while:
(1)
Under the influence of alcohol, or a drug, or drugs, or any combination
thereof, to a degree that renders the operator incapable of safe operation; or
(2)
The alcohol concentration in the operator's blood or breath is 0.08
grams or more of alcohol per 100 milliliters of blood or 0.08 grams or more of
alcohol per 210 liters of breath. Provided however, that if State law that
applies to operating a motor vehicle while under the influence of alcohol
establishes more restrictive limits of alcohol concentration in the operator's
blood or breath, those limits supersede the limits specified in this
paragraph."
Below is a sample
case of federal DUI in Massachusetts as interpreted by a lawyer in our firm.
Have you been
charged with federal DUI in Massachusetts and you are wondering what the
penalty is for federal DUI and need a lawyer to defend you?
Are you concerned
about the consequences of being charged with federal DUI in Massachusetts and
you are wondering what the penalty is for federal DUI?
For a lot of our
clients, a charge of federal DUI can result in the loss of their job, their
security clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of federal DUI
in Massachusetts.
Our law firm has
the necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
Wilson v. United
States
Facts:
Defendant
appealed his conviction entered by the magistrate judge of violating 36 C.F.R.
§ 2.35(c), which prohibits presence in a national park while under the
influence of alcohol to a degree that may endanger oneself, another person, or
park property, under U.S. Const. amend. V. He had been imposed with a traffic
ticket in the past for operating under influence (OUI) in Massachusetts.
If you are facing
a federal DUI case in Massachusetts, contact a SRIS Law Group lawyer for
help. You can reach us at 888-437-7747
Holdings:
The Federal Court
made the following holding:
- In considering the
sufficiency of a guilty verdict, a district court sitting as an appellate
court must review the guilty verdict to determine whether, after viewing
the evidence in the light most favorable to the prosecution, any rational
trier of fact could have found the essential elements of the crimes beyond
a reasonable doubt. Moreover, when reviewing a bench trial, the court is
not free to reject either findings of fact of the trial judge or the
conclusions he draws therefrom unless they are clearly erroneous, that is,
unless, on the whole of the record, the court forms a strong, unyielding
belief that a mistake has been made. Under this "clear error"
standard, the appellant bears a heavy burden.
- The phrase
"presence in a park area" as used in 36 C.F.R. § 2.35(c)
generates no vagueness problems. Furthermore, courts in various contexts
have consistently held that the phrase "under the influence of
alcohol" does not provide excessive discretion to law enforcement
personnel.
Our law firm has
the necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
Disclaimer:
Wednesday, April 16, 2014
Federal OUI Ticket In Massachusetts Lawyers National Park
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.
Stevenson 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 traffic ticket 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 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:
- 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. In general, a motor
vehicle operating under the influence (OUI) conviction carries with it
mandatory jail terms, which escalate steeply with subsequent offenses,
while a snowmobile OUI does not result in jail time for a first offense if
there are no aggravating factors. Me. Rev. Stat. Ann. tit. 29-A, § 2411;
Me. Rev. Stat. Ann. tit. 12 , § 10701. However, if certain enumerated
factors are present, then there is a minimum incarceration of not less
than forty-eight hours for a snowmobile OUI violation. Me. Rev. Stat. Ann.
tit. 12, § 10701(3)(A)(1-3). The snowmobile OUI statute also imposes a
mandatory jail term of seven days for a second offense and thirty days for
subsequent convictions.
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 15, 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.
Holmes 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:
- 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.
- 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.
Monday, April 14, 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.
Locke v. United
States
Facts:
Defendant
appealed his conviction in the United States District Court for operating under
the influence (OUI) after he failed field sobriety tests. He had in the past
been imposed with traffic ticket for speeding.
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.
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.
Sunday, April 13, 2014
Federal OUI 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.
Oliver 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'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.
Saturday, April 12, 2014
Federal OUI Ticket In Massachusetts Lawyers 36 CFR 4.23 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.
Charlie 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. The Defendant had in an
earlier proceeding been imposed with ticket for speeding.
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.
- 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.
Friday, April 11, 2014
Federal OUI Ticket In Massachusetts Lawyers Influence Alcohol Drugs
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.
White 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.
- 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:
Thursday, April 10, 2014
Federal OUI Ticket In Massachusetts Lawyers 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.
Bolder 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:
- The court rejects any
argument that reasonable suspicion of operating under the influence cannot
exist when an apparently intoxicated person is found asleep behind the wheel
unless the engine is running.
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