Monday, October 27, 2014

Federal OUI In Massachusetts Lawyers Operating Influence 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.

George 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:

  • 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.
  • The United States Forest Service defines vehicle broadly enough to include snowmobiles. 36 C.F.R. § 261.2 defines a vehicle as any device in, upon, or by which any person or property is or may be transported, including any frame, chassis, or body of any motor vehicle, except devices used exclusively upon stationary rails or tracks; defining motor vehicle to include a snowmobile: Motor vehicle means any vehicle which is self-propelled. 36 C.F.R. § 212.1 defines an over-snow vehicle as any motor vehicle designed for use over snow and that runs on a track or tracks and/or a ski or skis, while in use over snow. Regarding driving while under the influence, 36 C.F.R. § 261.13 prohibits using any vehicle off road while under the influence of alcohol. 36 C.F.R. § 261.13(e) prohibits the operation of any vehicle off National Forest System, State or County roads while under the influence of alcohol or other drug.

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