Tuesday, April 15, 2014
Federal DUI Ticket In Virginia Lawyers Driving Influence 36 CFR 4.23
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.
Shylock v. United
States
Facts:
Defendant was
charged with driving a motor vehicle while under the influence of alcohol (DUI),
in violation of 36 C.F.R. § 4.23(a), and driving 60 miles per hour in a 45 mile
per hour zone, in violation of 36 C.F.R. § 4.21, within the confines of a
national park. At the close of the government's evidence, defendant moved to
acquit. The court took the disposition of the offenses and the motion under
advisement.
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:
- Statutory interpretation
begins with an analysis of the language of the statute. In analyzing
statutory language, a court must first determine whether the language at
issue has a plain and unambiguous meaning. Except in "rare and
exceptional circumstances," statutory language is given its plain
meaning as expressed by the ordinary meaning of the words used. The United
States Court of Appeals for the Fourth Circuit has held that unless
otherwise defined, words of a statute will be interpreted as taking their
"ordinary, contemporary, common meaning."
- The common and ordinary
meaning of to "avoid" is "to depart or withdraw from,"
to "leave" or "to prevent the occurrence of."
"Prevent" means to "hinder or stop."
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.
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