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.

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.

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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