Proof Of Operation in New Jersey DWI Cases

DWI Defense Attorney in Camden County, New Jersey

Driving while intoxicated (DWI) offenses in New Jersey are very serious, even if it is a first offense. A DWI conviction can have significant consequences, including license suspension and jail time that can impact several aspects of your life including educational and employment opportunities. If you have been charged with a DWI, you should speak with an experienced attorney as soon as possible to help you navigate the legal process and get you the most desirable result in your case.

The attorneys at the Law Offices of Leonard Biddison have had tremendous success handling countless DWI cases for years in Camden County including Gloucester, Voorhees, and Cherry Hill. In fact, one of our attorneys is one of only a few lawyers in the state who is certified to operate the DWI Alcotest 7110. This means he understands the details of the device, how it works, and whether there are any defects with it’s functioning. If you have been charged with a DWI, having an attorney who knows how to get the best result in your case is imperative. Call the Law Offices of Leonard Biddison at 877-450-8301 anytime for a free initial consultation.

Proof of Operation of a Motor Vehicle in New Jersey 

To prove a DWI case in New Jersey, prosecutors are required to show several elements including proof of intoxication, probable cause for the stop, and proof that the defendant actually operated the motor vehicle. Sometimes proof of operation is easy to prove such as when the officer pulls over the car and the defendant is behind the wheel. There are other situations, however, where this element is not so obvious. For example, one of the following situations might apply to your case:

• Vehicle is in a parking lot not running but driver is behind the wheel
• Vehicle is in a parking lot running and driver is behind the wheel but the car is in park
• Vehicle is in the parking lot running but the driver is sleeping with the seat reclined
• Vehicle is stopped on a highway with the car running/not running, person is not behind the wheel
• Vehicle is in a driveway with the car running/not running, person is behind the wheel/not behind the wheel
• Vehicle is at a rest area with the car running/not running, person is outside the vehicle
• Several passengers in the vehicle, different versions of who was driving

An excellent example of a case where operation of a motor vehicle was not clear was State v. Daly (126 N.J. Super 313 1973). In this case, the defendant was found intoxicated sleeping in his car outside of a restaurant close to an hour and a half after closing time. The car was running since the defendant started it in order to stay warm. The court held that the defendant did not have the intent to operate the vehicle, just intent to start it to keep warm.

Contact a Voorhees NJ DWI Lawyer for a Free Consultation 

The criminal defense attorneys at the Law Offices of Leonard Biddison are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against a DWI charge. Our criminal defense team understands the details of DWI law in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at 877-450-8301 for a free initial consultation about your case.