Wednesday, April 2, 2014
Federal DUI Ticket In Virginia Lawyers Driving Influence Code 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.
Pollard v. United
States
Facts:
In an action
where defendant was charged with driving under the influence of alcohol (DUI)
in a national park in violation of 36 CFR §§ 4.23(a)(1) and (a)(2) (1992), the
United States filed a petition for a writ of certiorari to the United States
Court of Appeals for the Fourth Circuit. The court of appeals found that
defendant was entitled to a jury trial..
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:
- Because the maximum term
of imprisonment is six months, DUI under 36 CFR § 4.23(a)(1) (1992) is
presumptively a petty offense to which no jury trial right attaches.
- In 16 U.S.C.S. § 3,
Congress set six months as the maximum penalty the Secretary of the
Interior can impose for a violation of any of his regulations.
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:
Subscribe to:
Post Comments (Atom)
Our Phone #
Powered by Blogger.
Popular Posts
-
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 fe...
-
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 fe...
-
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 fe...
-
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 fe...
-
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 fe...
0 comments:
Post a Comment