Monday, April 7, 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.
Thomas v. United
States
Facts:
Defendant was imposed
a traffic ticket for driving under the influence (DUI) of alcohol and/or drugs,
in violation of 36 C.F.R. § 4.23(a)(1), and driving with a blood alcohol
concentration of.08 or more, in violation of 36 C.F.R. § 4.23(a)(2). Defendant
moved to suppress evidence and statements that she alleged were obtained in
violation of her U.S. Const. amend. IV rights and the Health Insurance
Portability and Accountability Act (HIPPA), 42 U.S.C.S. § 1320d.
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 Fourth Amendment
will only apply to governmental conduct that can reasonably be
characterized as a search or a seizure. Where governmental conduct is
motivated by investigatory or administrative purposes, it will fall within
the scope of the Fourth Amendment since such conduct constitutes a search
or seizure and, conversely, where governmental conduct is not actuated by
an investigative or administrative purpose, it will not be considered a
search or a seizure for Fourth Amendment purposes. The issue of whether or
not the challenged conduct qualifies as conduct covered by the Fourth
Amendment should not be confused with the issue of whether the defendant
possessed a reasonable expectation of privacy in his blood. The United
States Supreme Court has held that an individual possesses a privacy
interest in his blood for purposes of the Fourth Amendment. In regard to
the interplay between these two Fourth Amendment issues, the Court has
stated: But the question of whether the challenged governmental conduct is
the type of conduct proscribed by the Fourth Amendment analytically
precedes the question of whether there is a privacy interest at stake.
- The Fourth Amendment
protects the right of the people to be secure in their persons, houses,
papers and effects, against unreasonable searches and seizures. U.S.
Const. amend. IV. The United States Supreme Court has held that an
individual does possess a privacy interest in his blood for purposes of
the Fourth Amendment.
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 #
|
Virginia | |
| Fairfax | 703-278-0405 |
| Prince William | 703-278-0405 |
| Loudoun | 703-278-0405 |
| Fredericksburg | 703-278-0405 |
| Richmond | 804-201-9009 |
| Virginia beach | 757-512-5002 |
| Lynchburg | 434-509-4004 |
Social Icons
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