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If you are arrested for driving while intoxicated, it’s critical to understand all elements of the offense. To be convicted of a DWI, the prosecution must not only prove you were intoxicated as defined by law, but also that you were operating a motor vehicle at the same time you were intoxicated. However, the definition of operating a motor vehicle isn’t just limited to the act of actual driving. Below, Thomas A. Corletta, Attorney at Law, an established DWI lawyer in Rochester, explains what New York drivers need to know about the law.

Do I Have to Be Driving to Get a DWI?

In a “typical” DWI case, the driver is stopped by police for a traffic violation. They are observed operating the vehicle. In other situations, a police officer may find someone sitting or asleep in a parked car with the engine running; or in a disabled vehicle after an accident. When this occurs, it must be shown there was an intent to place the car in motion or that the vehicle had recently been operated to where it was found. The person may be asleep. They keys may or may not be in the ignition. The engine may or may not be running.

If you are charged with driving while intoxicated under any of these circumstances, seek legal advice immediately. Under such circumstances, it may be more difficult to prove recent operation or present intent to operate. A skilled DWI lawyer can make an effective argument along these lines.  

What Constitutes the Operation of a Vehicle?

DWI lawyer

Operation is a broader term than “drive”. Caselaw holds that virtually any attempt to engage the machinery of the vehicle, even putting the keys in the ignition, constitutes “operation”. Courts consider a variety of factors in determining if there is sufficient circumstantial evidence to show someone is a non-moving vehicle either recently drove the vehicle or had a present intent to drive it. This may include the location of the car, where the driver was seated or located, whether the headlights were on, what gear the vehicle was in, where the keys were, whether the keys were in the ignition, or whether the motor was running. Each factor can make a difference in the type of strategy a DWI lawyer decides to pursue. Each case is unique to its own facts. 

Fortunately, there have been many instances in which a Court has found insufficient evidence of operation, therefore dismissing DWI charges. Work with an experienced DWI lawyer familiar with the law surrounding operation of a vehicle. Thomas A. Corletta, Attorney at Law, with 38 years experience in defending those accused of DWI, will help gather the necessary facts and provide the legal support you need to get the best possible result. Call (585) 546-5072, or visit his website for more information.

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