Wednesday, February 26, 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.
Day v. United
States
Facts:
Defendant was
charged with two violations of 36 C.F.R. § 4.23(a), driving under the influence
(DUI), and a violation of 36 C.F.R. § 2.35(c), intoxication in a national park.
At trial, defendant moved for a judgment of acquittal on all the charges. At
the close of evidence, the court took defendant's motions for judgment of
acquittal under advisement to issue a written ruling.
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 language of 36
C.F.R. § 4.23(a) requires that the defendant either operate a vehicle or
be in actual physical control while under the influence of alcohol.
- Under Virginia law,
operating or being in actual physical control of a vehicle while
intoxicated has been interpreted to constitute initiating mechanical
operations of a vehicle. Where the defendant does not engage the
mechanical or electrical equipment of his car, the defendant did not drive
or operate the car within the meaning of the statute.
- For purposes of driving
under the influence charges, actual physical control may remain when the
vehicle is capable of readily being made operable, or of being put into
motion as by coasting.
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