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