Intent To Drive Required for DWI in New Jersey
A recent New Jersey Appellate Division Court ruled in the case of Sate v. Putz, that the State has to prove a defendant’s intent to drive in order to prove the elements of a DWI. Merely sitting in the driver’s seat with the engine idling and the parking brake off is not enough. This decision is significant and departs from the Court’s usual tendency to enforce DWI charges in New Jersey if there is even slight evidence of one’s intent to drive. In this case, the defendant was found by a police officer fast asleep in his driver’s seat in front of his girlfriend’s farm at 2:00 a.m. His engine was running and his parking brake was off. His blood-alcohol content was found to be well above the legal limit.
The trial court judge convicted the defendant of the DWI charge. The Appellate Court, however, reversed. Although it is common for courts to infer operation, and this case would have required an inference that the defendant had operated his vehicle, the Court reasoned that this defendant’s intent to operate his vehicle had “long since dissipated by the time of the arrest.” That is because he had fallen asleep in his car and had been sleeping for some time prior to the officer’s arrival.
The Court in this case relied on a New Jersey Supreme Court case that was decided in 1973 entitled State v. Daly. In the Daly case a driver was found asleep behind his steering wheel in the parking lot of a bar. When questioned by investigating officers the defendant indicated he was too intoxicated and had decided to “sleep it off” in the parking lot. It was a cold night so the defendant had turned his engine on and off during the course of the night for warmth. The Supreme Court found in favor of the defendant and ruled the State could not prove his intent to drive. The prosecution in Sate v. Putz attempted to distinguish the case by pointing out that in the Daly case the driver’s seat was fully reclined which indicated an intent to sleep rather than drive, whereas in the Putz case the seat was not reclined. The Court was not persuaded by this argument.
It is clear that “operation” cases are very fact specific. If you have been charged in the state of New Jersey with a DWI, there are many types of defenses you can present in an effort to beat the charges. At the Princeton, New Jersey law firm of Lependorf & Silverstein, we can evaluate the facts of your case and advise you how best to defend the charges you face. Please contact an attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein to discuss your rights. DWI convictions can lead to a loss of license and possibly even jail time. Contact a DWI attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein and let us fight for you today.
