State Must Prove Operation of Vehicle to Win DUI Case in NJ

In NJ, courts have the discretion to broadly construe "operation" of a motor vehicle to include intent to drive while intoxicated. Intent to drive while under the influence has been proven by as little as sitting in a vehicle with the keys in your possession. There is not a true "motion" requirement for the vehicle and the arresting officer need not witness operation. However, no matter how amorphous the definition of "operation" may be, the fact remains that the prosecution bears the burden of proving the defendant was impaired, had the means to operate a vehicle in very close proximity and the intent to operate said vehicle while still under the influence of drugs or alcohol. A DWI in New Jersey carries serious consequences. If you are charged with driving under the influence of alcohol, illegal drugs such as heroin, cocaine, marijuana or ecstasy or prescription drugs such as oxycontin, percocet, roxycottin, valium or other drugs which may hinder your ability to drive, even if you have a prescription for them, you should consult an experienced DUI attorney immediately in order to ensure your rights are protected. Before conceding guilt, your matter should be fully reviewed by an experienced attorney to prevent you from being convicted when the state does not have adequate evidence to prove it's case. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are charged with a crime, you should consult an experienced DUI attorney immediately in order to protect your rights. For more information on driving while intoxicated, driving under the influence, controlled dangerous substances (CDS) in a motor vehicle or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com.

NJ Assembly Looks to Criminalize DUI With Young Passengers

Currently pending in the New Jersey Assembly is a which would result in criminal penalties for driving under the influence with a person under 17 in the vehicle. Driving under the influence includes liquor, heroin, cocaine, marijuana, oxycodone (oxycottin), percoset, Escasty, methamphetamines, morphiene, xanax, vicodin, percodon, fentanyl, adderall, nembutal, ritalin, dexedrine, valium, suboxone, diazepam, roxycontin, or any narcotic, hallucinogenic or other controlled dangerous substance. This means if you are taking your own prescription and a police officer finds your driving abilities to be hindered beyond an acceptable level by your prescription, you may be not only charged with a DUI but also face criminal penalties. If this legislation is passed, the DUI statute N.J.S.A. 39:4-50 would be modified to include a person guilty of DWI with a passenger 17 years of age or younger in the car is also guilty of a crime of the fourth degree if the violation does not result in bodily injury to the minor. If the minor suffers bodily injury as a result of the driving while under the influence offense, the driver will be guilty of a crime of the third degree. In addition to the above charges the driver will be required to attend an additional Intoxicated Driver Resource Center program concerning responsible operation of a motor vehicle while transporting a minor. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are facing DUI charges, you should consult an experienced DUI attorney immediately in order to protect your rights. For more information on DUI, drug charges, other criminal law matters or traffic violations in New Jersey visit HeatherDarlingLawyer.com.