Wednesday, April 16, 2014

Federal OUI Ticket In Massachusetts Lawyers National Park

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.

Stevenson 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 traffic ticket 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 OUI 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 National Park Service (NPS) regulations, it is illegal to operate a motor vehicle under the influence (OUI) within the boundaries of a national park. 36 C.F.R. § 4.23(a). Pursuant to 36 C.F.R. § 2.18(a), § 4.23 is made applicable to the operation of snowmobiles. Therefore, under NPS regulations, the same section covers both snowmobile and motor vehicle OUI. In general, a motor vehicle operating under the influence (OUI) conviction carries with it mandatory jail terms, which escalate steeply with subsequent offenses, while a snowmobile OUI does not result in jail time for a first offense if there are no aggravating factors. Me. Rev. Stat. Ann. tit. 29-A, § 2411; Me. Rev. Stat. Ann. tit. 12 , § 10701. However, if certain enumerated factors are present, then there is a minimum incarceration of not less than forty-eight hours for a snowmobile OUI violation. Me. Rev. Stat. Ann. tit. 12, § 10701(3)(A)(1-3). The snowmobile OUI statute also imposes a mandatory jail term of seven days for a second offense and thirty days for subsequent convictions.
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