Monday, March 31, 2014
Federal DUI Ticket In Virginia Lawyers Driving Influence
If you have been
charged with DUI / DWI 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 Virginia as interpreted by a lawyer in our firm.
Have you been
charged with federal DUI in Virginia 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 Virginia 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 Virginia.
We have client
meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
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.
Nelson v. United
States
Facts:
In the United
States District Court in Virginia defendant was convicted of driving in the
territorial jurisdiction of the United States while under the influence of
alcohol or drugs (DUI), in violation of 36 C.F.R. § 4.23(a)(1), and of unsafe
operation of a vehicle, in violation of 36 C.F.R. § 4.22. Defendant appealed
and only raised the question of the admissibility of the expert's testimony. He had been issued with a traffic ticket for
speeding in the past
If you are facing
a federal DUI case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Federal Court
made the following holding:
- The Confrontation Clause
provides that in all criminal prosecutions, the accused shall enjoy the
right to be confronted with the witnesses against him. U.S. Const. amend.
VI. In Crawford, the United States Supreme Court held that the
Confrontation Clause bars the admission of testimonial statements of a
witness who did not appear at trial unless he was unavailable to testify,
and the defendant had had a prior opportunity for cross-examination. Only
testimonial statements cause the declarant to be a witness within the
meaning of the Confrontation Clause. It is the testimonial character of
the statement that separates it from other hearsay that, while subject to
traditional limitations upon hearsay evidence, is not subject to the
Confrontation Clause.
- When information
provided by machines is mainly a product of mechanical measurement or
manipulation of data by well-accepted scientific or mathematical
techniques, reliability concerns are addressed by requiring the proponent
to show that the machine and its functions are reliable, that it was
correctly adjusted or calibrated, and that the data put into the machine
was accurate. In other words, a foundation must be established for the
information through authentication, which Fed. R. Evid. 901(b)(9) allows
such proof to be authenticated by evidence describing the process or
system used to produce the result and showing it produces an accurate
result.
We have client
meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
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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Our Phone #
|
Virginia | |
| Fairfax | 703-278-0405 |
| Prince William | 703-278-0405 |
| Loudoun | 703-278-0405 |
| Fredericksburg | 703-278-0405 |
| Richmond | 804-201-9009 |
| Virginia beach | 757-512-5002 |
| Lynchburg | 434-509-4004 |
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