What is Considered a Motor Vehicle for a DWI?
One of the elements that the State must prove beyond a reasonable doubt to get a conviction for a New Jersey DWI (driving while intoxicated) is that the defendant operated a “motor vehicle” while intoxicated. The question then becomes, what constitutes a motor vehicle?
N.J.S.A. 39:1-1 defines a “motor vehicle” as “all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles”.
The provisions of N.J.S.A. 39:1-1 define “vehicle” as “every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or motorized bicycles.”
A snowmobile is considered a motor vehicle pursuant to the statute. The provisions of N.J.S.A. 39:4-50(a) apply to the operator of a snowmobile when he or she operates across a public highway, or on public lands or waters. Unlike with conventional motor vehicles, a snowmobile operator can not be convicted of a DWI if he or she is operating the snowmobile on private property.
An all-terrain vehicle (ATV) is considered a motor vehicle pursuant to the statute. Again, in order to be found guilty of DWI, the operator must be operating the ATV across a public highway or on public lands or waters. Unlike with conventional motor vehicles, operation of an ATV while intoxicated on private property is not an offense.
Roller skates and skateboards do not meet the statutory definition of a motor vehicle. Unless the roller skates or skateboard are equipped with some type of motor in order to help propel them, they are excluded from DWI prosecution.
The issue of whether a bicyclist can be charged with DWI in New Jersey has been somewhat controversial. One court ruled that the law requires bicyclists to obey all of the provisions of the motor vehicle code and thus could be found guilty of driving while intoxicated. Two later cases though came to the opposite conclusion and ruled that since a bicycle is propelled by muscular power, it does not fit the definition of a motor vehicle and its operator can not be found guilty of DWI.
If you have been charged with a DWI offense in the State of New Jersey, contact an experienced New Jersey DWI attorney as soon as possible. At Lependorf and Silverstein, our attorneys have handled many DWI cases and have the experience to know what arguments should be made on your behalf. We are familiar with how serious this charge is for you and we will provide your case with the effective, aggressive representation that we have built our name and reputation on.
