NJ DWI FAQ | See also: NJ Criminal Defense FAQ
Q) Can I be convicted if I was not driving?
A) Yes. The State must prove “operation” not necessarily driving of a motor vehicle to obtain a DWI conviction. To prove operation the State must show you had control of the motor vehicle, a present intention to cause the motor vehicle to move, some action showing intent to place the motor vehicle in motion, and the possibility of motion by the motor vehicle. If you are in the driver seat with the engine running it is possible the State can prove operation, but there may be legal defenses available.
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