After determining whether or not the police had probable cause to stop your vehicle, the next analysis concerns proof of operation of the vehicle. The State must prove that you were operating a motor vehicle in New Jersey while under the influence of drugs or alcohol. Often the key element of operation of the motor vehicle is the intent of the driver. There is case law in New Jersey which holds that an individual, who attempted to put the keys in the ignition of the vehicle, was guilty of driving while intoxicated. Although the individual never actually drove the vehicle after leaving the bar and never actually placed the keys in the ignition, the Supreme Court held that the intent of the driver was clear and that was sufficient to satisfy operation of the motor vehicle under the New Jersey drunk driving statute, N.J.S.A. 39:4-50(a).
However, there is other case law in New Jersey which aids in defending against DWI charges. The court held that an individual, who was found sleeping in his vehicle while the vehicle was running, was not guilty of driving while intoxicated (DWI) because the State could not establish operation. The court held that, because the individual was sleeping in his vehicle for an hour and a half prior to the police arresting him for DWI, the State could not prove that he intended the operate the vehicle. The individual's defense was that it was cold outside and the car was running because he needed the heat on in the vehicle while he slept.
Also, if the car was not running, the location of the keys is also significant in determining whether or not the State can prove operation. Moreover, the location of the vehicle is also important in determining whether the State can prove operation. If the car was parked in a parking lot, that is extremely important. Further, if the car is parked on the shoulder of a highway, it is also important. If the State can show that, even though the car is not running now, that the individual drove the vehicle onto the highway and then stopped on the shoulder, the State can satisfy the operation element of the NJ DWI statute, N.J.S.A. 39:4-50. Finally, the State must also show that it was possible to operate the vehicle. If the vehicle is stuck in a ditch or is "snowed in" and is impossible to move, the State may not be able to prove sufficient operation to satisfy the statute.
As a result, if you or a loved one has been charged with Driving While Intoxicated (DWI) in New Jersey, the Iler Law Firm can help. One of our experienced criminal defense and DWI lawyers is available immediately for a free initial consultation to answer all of your questions and analyze each and every element of your DWI charge.
