Monday, April 14, 2014
Federal DUI In Virginia Lawyers Cocaine Possession
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.
Manson v. United
States
Facts:
Petitioner pled
guilty to driving under influence of alcohol and possession of cocaine with
intent to distribute in violation of 21 U.S.C.S. § 846. During the sentencing
phase, the court reviewed the criminal history and as a result, petitioner's
sentence was enhanced. Petitioner objected to the inclusion of a driving under
the influence conviction, a misdemeanor, because he did not have an attorney
represent him at that proceeding. The district court ruled that there was no
violation of constitutional rights if the DUI conviction was used in
calculating the sentence, and imposed the maximum sentence according to the
U.S. Sentencing Guidelines Manual, ch. 5 (1993). A divided panel of the Sixth
Circuit Court of Appeals affirmed. The U.S. Supreme Court affirmed holding that
a prior conviction could be used as a sentence enhancement for a subsequent
conviction.
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:
- In felony cases, in
contrast to misdemeanor charges, the Constitution requires that an
indigent defendant be offered appointed counsel unless that right is
intelligently and competently waived. Enhancement statutes, whether in the
nature of criminal history provisions such as those contained in the U.S.
Sentencing Guidelines Manual, or recidivist statutes that are commonplace
in state criminal laws, do not change the penalty imposed for the earlier
conviction.
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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