The Law Offices of

Jonathan F. Marshall

(856) 662-8300

Cherry Hill, NJ

(856) 288-3350

Camden, NJ

JFM The Law Offices of Jonathan F. Marshall
Legal News

Proof Of Operation in New Jersey DWI Cases

DWI Defense Attorney in Camden County, New Jersey

Proof of Operation
Proof of Operation

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.

Experience You Can Trust

For the past 20 years, Mr. Marshall has provided his clients with excellent legal counsel in a broad variety of criminal matters. From straightforward issues to serious litigation, he offers you the experience and confidential advice you need to maneuver through the laws of Pennsylvania and New Jersey.

When you’ve been accused of a crime, you are entitled to a thorough and competent criminal defense. Jonathan F. Marshall ensures your legal rights are upheld. Allow our team to assist you during this difficult time.

Schedule an appointment by filling out the form on the right.

The Law Offices of Jonathan F. Marshall

Areas We Serve

Burlington County, Mount Holly, Mount Laurel, Pemberton Twp. Camden County, Camden City, Cherry Hill Twp., Gloucester City, Gloucester Twp., Pennsauken, Winslow Twp. Gloucester County, Deptford Twp., Monroe Twp., Paulsboro Boro, Washington Twp., West Deptford Twp., Woodbury City, Bordentown Twp., Cinnaminson, Evesham Twp., Mansfield Twp., Maple Shade Twp., Medford Twp., Moorestown Twp., Palmyra Boro, Bellmawr, Clementon, Collingswood, Haddon Twp., Lindenwold, Pine Hill Boro, Stratford Boro, Voorhees Twp., Waterford Twp., Elk Joint Municipal Court, Franklin Joint Mun Ct, Greenwich Twp, Mantua Twp.


Camden Location

121 Market Street Suite 201

Camden, NJ

  (856) 288-3350    Directions

Cherry Hill Location

23 Haddonfield Rd, 3rd Floor, Building B2

Cherry Hill, NJ 08002

  (866) 721-9510    Directions

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.