"What Constitutes Operation in DUI Cases?"
To be found guilty of "operation" under New Jersey law, a vehicle does not necessarily have to be in motion.
A person under the influence will most likely be found guilty of this element of the offense so long as he or she are in actual physical control of a motor vehicle and who attempt to put the vehicle in motion with intent to drive.
Such a person is guilty of a violation even if the vehicle is not or has not been put in motion.
Common methods that police employ to satisfy this element of the offense is whether the hood of the car is warm or whether the keys are in the ignition.
Courts routinely rely on observations of police officers at the scene and whatever any subsequent investigation may reveal to decide whether the state is able to prove beyond a reasonable doubt that the defendant is guilty of this element of the offense.
Should you have any questions about operation of a NJ DWI attorney, please do not hesitate to contact us.