Sunday, April 6, 2014
Federal DUI Ticket In Virginia Lawyers Driving Influence
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.
Charles v. United
States
Facts:
Defendant sought
review of the order from the United States District Court for the Eastern
District of Virginia, which convicted him on involuntary manslaughter, reckless
driving, and driving while under the influence (DUI) of alcohol. Defendant was
sentenced to 15 months in prison and one year of supervised release for
involuntary manslaughter and 3 months in prison to run concurrently for each of
the other convictions.
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 purpose of
establishing "chain of custody" as a threshold requirement to
admission of evidence is to establish that the item to be introduced is
what it purports to be. The ultimate question is whether the
authentication testimony was sufficiently complete so as to convince the
court that it is improbable that the original item had been exchanged with
another or otherwise tampered with. Precision in developing chain of
custody is not an iron-clad requirement. Admission of evidence is not prevented
just because there may be a missing link in its chain of custody, so long
as there is sufficient proof that the evidence is what it purports to be
and has not been altered in any material aspect. Resolution of a chain of
custody question rests with the sound discretion of the trial judge.
- 18 U.S.C.S. § 1112
defines involuntary manslaughter as the unlawful killing of a human being
without malice in the commission of an unlawful act not amounting to a
felony, or in the commission in an unlawful manner, or without due caution
and circumspection, of a lawful act which might produce death.
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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