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.
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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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