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:
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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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