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.

0 comments:

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