Monday, March 31, 2014

Federal OUI Ticket In Massachusetts Lawyers Operating Influence

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.

Gerald v. United States

Facts:

Defendant appealed a District Court’s judgment, which convicted him in Massachusetts of the misdemeanor charge of operating a motor vehicle while under the influence (OUI) under 36 C.F.R. § 4.23(a)(1). He had been issued with a traffic ticket for speeding in the past. 

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 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.
Saturday, March 29, 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.

Franklin v. United States

Facts:

Defendant appealed a magistrate's judgment, which imposed traffic ticket on him for 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:

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, March 28, 2014

Federal OUI Ticket In Massachusetts Lawyers Reasonable Suspicion

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'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 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.
Wednesday, March 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.

Charles v. United States

Facts:
Defendant was charged in Massachusetts with operating under the influence (OUI) of alcohol and/or drugs, in violation of 36 C.F.R. § 4.23(a)(1), and driving with a blood alcohol concentration of.08 or more, in violation of 36 C.F.R. § 4.23(a)(2).

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 Fourth Amendment protects the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures. U.S. Const. amend. IV. The United States Supreme Court has held that an individual does possess a privacy interest in his blood for purposes of the Fourth Amendment.
  • The Fourth Amendment will only apply to governmental conduct that can reasonably be characterized as a search or a seizure. Where governmental conduct is motivated by investigatory or administrative purposes, it will fall within the scope of the Fourth Amendment since such conduct constitutes a search or seizure and, conversely, where governmental conduct is not actuated by an investigative or administrative purpose, it will not be considered a search or a seizure for Fourth Amendment purposes. The issue of whether or not the challenged conduct qualifies as conduct covered by the Fourth Amendment should not be confused with the issue of whether the defendant possessed a reasonable expectation of privacy in his blood. The United States Supreme Court has held that an individual possesses a privacy interest in his blood for purposes of the Fourth Amendment. In regard to the interplay between these two Fourth Amendment issues, the Court has stated: But the question of whether the challenged governmental conduct is the type of conduct proscribed by the Fourth Amendment analytically precedes the question of whether there is a privacy interest at stake.
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.
Tuesday, March 25, 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.

Jones v. United States

Facts:

Defendant appealed his conviction in the United States District Court for the District 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:

  • A court's review of the ultimate determinations of probable cause and reasonable suspicion on a motion to suppress is de novo. Subsidiary factual findings are reviewed for clear error, giving due weight to inferences drawn from those facts by resident judges and local law enforcement officers.
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, March 21, 2014

Federal OUI Ticket In Massachusetts Lawyers Minimal Participant

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.

Tolson 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 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 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:

  • To determine whether a previous conviction should be included to calculate a defendant's criminal history category, once the government establishes the existence of a prior conviction, the burden shifts to the defendant to show that the earlier conviction was constitutionally infirm or otherwise inappropriate for consideration. Silence alone does not meet this burden, as the defendant is in the best position to offer details about his own criminal history.
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, March 20, 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.

Creamer 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 and was issued traffic ticket.

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 declarant 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. 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.
Tuesday, March 18, 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.

Bryan v. United States

Facts:

The United States Court of Appeals upheld a determination that defendant's prior driving under the influence of alcohol (DUI) convictions under 36 CFR § 4.23.  On defendant's petition, certiorari was granted. The Defendant was imposed a traffic ticket for speeding in the past. 

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:

  • Driving under the influence of alcohol differs from 18 U.S.C.S. § 924(e)(2)(B)(ii)'s example crimes -- burglary, arson, extortion, and crimes involving the use of explosives -- in at least one pertinent, and important, respect. The listed crimes all typically involve purposeful, "violent," and "aggressive" conduct. That conduct is such that it makes more likely that an offender, later possessing a gun, will use that gun deliberately to harm a victim. Crimes committed in such a purposeful, violent, and aggressive manner are potentially more dangerous when firearms are involved. And such crimes are characteristic of the armed career criminal, the eponym of the statute.
  • A drunk driver may very well drink on purpose. But, unlike 18 U.S.C.S. § 924(e)(2)(B)(ii)'s example crimes, the conduct for which the drunk driver is convicted (driving under the influence) need not be purposeful or deliberate. 
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.

Federal OUI Ticket In Massachusetts Lawyers

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.

Mark v. United States

Facts:

Defendant appealed an order of the United States District Court for the District of Massachusetts, which denied his motion, pursuant to Fed. R. Crim. P. 29, for a judgment of acquittal for his convictions of five counts of making a false statement to the Federal Aviation Administration (FAA) in violation of 18 U.S.C.S. § 1001.

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:

  • To establish a violation of 18 U.S.C.S. § 1001, the government must prove that defendant knowingly and willfully made or used a false writing or document, in relation to a matter within the jurisdiction of the United States government, with knowledge of its falsity.  .
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.

Federal OUI Ticket In Massachusetts Lawyers Alcohol Drugs 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.

Cadwel 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..
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.

Federal OUI Ticket In Massachusetts Lawyers Violation 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.

Derick v. United States

Facts:

In an action where defendant a resident of Massachusetts was imposed with traffic ticket for operating under the influence of alcohol (OUI) in a national park in violation of 36 CFR §§ 4.23(a)(1) and (a)(2) (1992), the United States filed a petition for a writ of certiorari to the United States Court of Appeals for the First Circuit. The court of appeals found that defendant was entitled to a jury trial.

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:

  • Because the maximum term of imprisonment is six months, DUI under 36 CFR § 4.23(a)(1) (1992) is presumptively a petty offense to which no jury trial right attaches.
  • There are 21 discretionary conditions which a sentencing court may impose upon a defendant. Under 18 U.S.C.S. § 3563(b), a court may require, among other things, that the defendant (1) pay restitution; (2) take part in a drug and alcohol dependency program offered by an institution, and if necessary, reside at the institution; (3) remain in the custody of the Bureau of Prisons during nights and weekends for a period not exceeding the term of imprisonment; (4) reside at or participate in a program of a community correctional facility for all or part of the probationary term; or (5) remain at his place of residence during nonworking hours, and, if necessary, this condition may be monitored by telephonic or electronic devices. 18 U.S.C.S. §§ 3563(b)(3), (b)(10), (b)(11), (b)(12), (b)(20).
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.

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.

Queen v. United States

Facts:

Defendant was arrested on National Park Service land and was imposed with traffic ticket under 36 C.F.R. § 4.23(a)(2) for operating under the influence (OUI) of alcohol with a blood alcohol level exceeding 0.08 percent and under 36 C.F.R. §4.12 for failure to comply with a traffic control device. She filed a motion requesting that the court suppress all evidence seized as a result of a ranger's request to exit the vehicle and the results of the breath test performed on her.

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 the Fourth Amendment, police officers may make a brief investigatory stop if, under the totality of the circumstances, they are aware of facts leading to a well-founded suspicion that a person has, is, or about to engaged in criminal activity. It is well established that traffic violations constitute criminal conduct and provide enough reasonable suspicion to warrant an investigatory (Terry) stop. Moreover, a police officer has the right to order a driver out of the vehicle during a Terry stop.
  • 36 C.F.R. § 4.23 specifically addresses federal procedures for chemical tests in national parks, providing that any test shall be conducted by using accepted scientific methods and equipment of proven accuracy and reliability operated by personnel certified in its use. 36 C.F.R. § 4.23(c)(4). The testing procedures specifically defined in this regulation, which do not defer to or incorporate state procedures, govern breath tests administered in national parks. While this regulation does not specify the methods and procedures to employ when using a testing device with the level of detail set forth in Massachusetts state rules, 501 Mass. Code Regs. § 2.55, the Park Service's regulation is sufficiently specific and comprehensive to satisfy the "unless" clause of 36 C.F.R. § 4.2(a).
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.

Federal OUI Ticket In Massachusetts Lawyers Influence 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.

Warner 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:

  • 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...
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.
Tuesday, March 4, 2014

Federal OUI Ticket In Massachusetts Lawyers Violation 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.

Pollard v. United States

Facts:

Defendant was charged in Massachusetts with two violations of 36 C.F.R. § 4.23(a), operating under the influence (OUI), and a violation of 36 C.F.R. § 2.35(c), intoxication in a national park. At trial, defendant moved for a judgment of acquittal on all the charges. At the close of evidence, the court took defendant's motions for judgment of acquittal under advisement to issue a written ruling.

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 Virginia law, operating or being in actual physical control of a vehicle while intoxicated has been interpreted to constitute initiating mechanical operations of a vehicle. Where the defendant does not engage the mechanical or electrical equipment of his car, the defendant did not drive or operate the car within the meaning of the statute.
  • For purposes of driving under the influence charges, actual physical control may remain when the vehicle is capable of readily being made operable, or of being put into motion as by coasting.
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, March 3, 2014

Federal OUI Ticket In Massachusetts Lawyers Suffolk

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.

Prince v. United States

Facts:

Defendant appealed from the Supreme Judicial Court for the County of Suffolk (Massachusetts), which denied her motion to dismiss plaintiff Commonwealth's complaint alleging that she operated a motor vehicle while under the influence of intoxicating liquor in violation of Mass. Gen. Laws ch. 90, § 24(1)(a)(1) (1994)..

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:

  • Although not expressly included in the Mass. Const. Declaration of Rights, the prohibition against double jeopardy has long been recognized as part of Massachusetts common and statutory law. Mass. Gen. Laws ch. 263, § 7.
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.
Powered by Blogger.

Popular Posts

Social Icons

Email Us:

First Name:
Last Name:
Email @:
Phone #: --
Message:

Our Phone #

Massachusetts

Cambridge 888-437-7747
Worcester 888-437-7747

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