Wednesday, April 23, 2014
Federal DUI In Virginia Lawyers Driving Influence Suspended License
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.
Mathew v. United
States
Facts:
Defendant was
charged with a wide variety of violations of state and federal law including,
inter alia, driving under the influence (DUI), driving with a suspended
license, unsafe operation, fleeing to elude police. The matter came before the
court in a non-jury trial, counsel submitted memoranda at the conclusion of
closing arguments and the court reviewed those memoranda.
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 Code of Federal
Regulations prohibits operating or being in actual physical control of a
motor vehicle while 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. 36 C.F.R. § 4.23(a)(1) (2003). The government
bears the burden of proving each element of this offense, specifically
that (1) a defendant is operating or is in actual physical control of a
vehicle, (2) that defendant is under the influence of alcohol, or a drug,
or drugs, or any combination thereof, and (3) to a degree of intoxication
that renders a defendant incapable of safe operation.
- he plain language of 36
C.F.R. § 4.22 indicates that it is the intent to operate a vehicle that
triggers the application of the Code.
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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