Wednesday, February 26, 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.
Albert v. United
States
Facts:
Defendant was imposed
with traffic ticket for federal reckless driving. Defendant raised issues with
his presentence report, to wit: he challenged the criminal history points
assigned for his prior convictions for operating under the influence (OUI) in
violation of 36 CFR 4.23 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 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:
- A court assigns points
to a defendant's past conviction(s) to determine his or her criminal
history category. U.S. Sentencing Guidelines Manual § 4A1.1. Unless the
conviction is excluded, the Guidelines count each conviction and assign
varying points based on the length of the sentence. U.S. Sentencing
Guidelines Manual § 4A1.1. Certain sentences for misdemeanor and petty
offenses are exempted under U.S. Sentencing Guidelines Manual § 4A1.2.
- Under First Circuit
precedent, federal, no state law determines whether an offense runs afoul
of U.S. Sentencing Guidelines Manual § 4A1.2(c)(2). First, to ascertain
the scope of § 4A1.2(c)(2), a court should look to the substance of the
underlying state offense in order to determine whether it falls within the
proscription. Then, the court looks to the relative danger posed by each.
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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