Operation: What is the definition of “Operate” by the New Jersey DWI Statute?

Introduction

Operation by the New Jersey DWI Statute, New Jersey Motor Vehicle Code, New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerThis post will refer to New Jersey’s drunk driving law as driving under the influence (DUI), driving while intoxicated (DWI), and—without intending to be redundant—drunk driving. But forget the word “driving” because the statute defining the offense does not use that word. And forget about placing the motor vehicle in “drive” as a prerequisite for this offense. Instead, the statute sets forth penalties for a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or more by weight of alcohol in the defendant’s blood. Read more


What is a Motor Vehicle under New Jersey’s Drunk Driving Law?

In New Jersey, if you aren’t operating a motor vehicle, you aren’t driving drunk!

Motor Vehicle, New Jersey Motor Vehicle Code, New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerHope springs eternal. And this hopeful thought probably crosses the mind around 2 a.m. when one needs to get home from the bar. Nevertheless, as this post will demonstrate it is not entirely accurate. Indeed, New Jersey’s imposes penalties on a who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the the ‘s blood.1 Read more


Driving While Intoxicated (DWI), N.J.S.A. 39:4-50

driving while intoxicated, n.j.s.a. 39:4-50Fairfield cops charged a woman after she allegedly hit a patrol car near 3 a.m. over the weekend. Additionally, police claim she pushed the officer’s car “a decent distance,” per the news. Furthermore, they claim her car “had substantial damage to the front of it.” Fortunately, neither the woman nor the cop were hurt. Nevertheless, the woman was allegedly confused, did not know where she had come from, and did not know where she was going, per the news. In addition to Standardized Field Sobriety Tests, the police claim her Blood Alcohol Content (B.A.C.) exceeded the legal limit. Consequently, the cops charged the woman with driving while intoxicated and careless driving. Read more


Driving Under the Influence (DUI), N.J.S.A. 39:4-50

Narrative—Princeton cops charged a man with drunk driving (DWI/DUI) when he crashed with a motorist, per nj dot com. Both drivers sought health care for non life-threatening injuries, as stated in the news. No one else was in either vehicle, per the media. Read more