What Constitutes Operating a Vehicle in New Jersey?

To be convicted of DWI in New Jersey, the state must show that your blood alcohol content was more than .08 percent at the time you were operating a motor vehicle. But what constitutes operating a vehicle? What if you are in the back seat of your car, and the engine is off? What if you are inside your vehicle with the motor running and the transmission in park? What if you are inside your car with the keys in your hand but you have not yet started the vehicle?

In each of these cases, valid defenses may exist. While “operation of a motor vehicle” is defined in New Jersey statutory law and has been further defined by case law, your case may present unique aspects that could lead to a dismissal of the charge against you.

Before you decide to plead guilty to a DWI charge, talk with an experienced defense lawyer. The state’s case may be weaker than the prosecutor thinks.

South Jersey DWI/DUI Attorney

I am John W. Tumelty, an attorney with more than 30 years of experience in DWI cases in the Atlantic City area and elsewhere in South Jersey. I have many DWI success stories to my credit, including many cases in which I was able to show that the state failed to prove that my clients were operating a motor vehicle at the time of their arrest.

When you retain me to defend you, I will analyze all of the factual and legal issues that your case presents. This includes possible defenses based on the inability of the state to prove operation of a motor vehicle, lack of probable cause for the police to stop you, inadmissible breath test results and others.

I will work hard to obtain the best possible outcome for you.

Free Consultation With an Attorney

For a free initial consultation about your DWI case, contact me today at 609-390-4600.