MEMORANDUM OPINION
MICHAEL F. URBANSKI, District Judge.
Defendant David L. Foster ("Foster") was charged with speeding on the Blue Ridge Parkway and a violation of 36 C.F.R. § 4.23(a)(1), which prohibits operating or being in actual physical control of a motor vehicle while under the influence of alcohol to a degree that renders the operator incapable of safe operation.
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