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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