Call 24/7 to Book a Free Consultation (732) 709-7757

Can I be convicted if I was not driving?

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.
Next > What is an ignition interlock device?
Villani & DeLuca P.C. are experienced DWI Defense attorneys.  Call (732) 709-7757 for a Free phone consultation.

Contact Us Today

Villani & DeLuca, P.C. is committed to answering your questions about Divorce & Family Law, Criminal Defense, Personal Injury, and DWI & Traffic Law issues in New Jersey. We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.