I Was Charged with DWI but I Wasn’t Driving: Proof of Operation in NJ DWI Cases

Although we often envision DWI charges originating from traffic stops and field sobriety checkpoints, these cases also arise when a driver is found behind the wheel of a vehicle that he or she is not currently driving. For example, if you are found in a parking lot sleeping in the driver’s seat of your vehicle, law enforcement officials may suspect you of being under the influence, conduct further investigation, and charge you with a DWI offense. However, the State’s ability to support a DWI charge in a court of law requires them to sufficiently prove certain essential elements, one of which is known as “proof of operation.”

Earlier posts in our ongoing New Jersey DWI series addressed some of the other critical components of a DWI case, including probable cause for the traffic stop and proof of intoxication. The third necessary pillar for holding up a DWI charge is proof of operation, which is essentially the evidence used to establish that you were, in fact, driving the vehicle while intoxicated or under the influence of drugs. Under certain circumstances, proof of operation is clear and distinct. Still, in many others, the specific sequence of events is far more nuanced. The following is a list of just some of the circumstances that may give rise to questions involving proof of operation in a DWI case:

  • Driver is found behind the wheel of a vehicle that is not running (i.e. on the side of the road or in a parking lot)
  • Driver is found behind the wheel of a vehicle that is running but is currently in park
  • Driver is found sleeping in the driver’s seat while the vehicle is running but the seat is reclined
  • Vehicle is stopped on a highway with the car running or not running and the person is not behind the wheel
  • Vehicle is parked in a driveway with the car running or not running and the person is behind the wheel or not behind the wheel
  • Vehicle is stopped at a rest area with the car running or not running and the person is outside of the vehicle
  • Police find multiple passengers in the vehicle, each of whom provide different versions of who was driving

The precedential case involving proof of intoxication in New Jersey is State v. Daly (126 N.J. Super 313 (1973)). This case led to a landmark decision in favor of a defendant who was discovered sleeping behind the wheel of a vehicle while the car was parked and running. The man explained that he had left a local restaurant and turned his car on to provide some heat while he slept. The State could not establish that the defendant was operating the vehicle, and thus, could not support a charge for DWI. This standard has been applied in countless cases since it was added to the body of New Jersey DWI law. As such, I often undermine proof of operation as an effective defense strategy for my clients facing DWI charges.

If you or someone you love has been charged with DWI or DUI in New Jersey, contact my offices anytime at (908) 481-4625 for a comprehensive case evaluation