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Proof of Operation of Motor Vehicle in DWI Cases

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Millburn Proof of Operation of Motor Vehicle in DWI Cases

With offices in Newark, New Jersey

NJ DWI Proof of Vehicle Operation
Proof of Operation of Motor Vehicle

An accusation of drunk driving does not necessarily have to result in a conviction. In order to secure a DWI conviction, NJ prosecutors must prove that the defendant was operating the motor vehicle. Sometimes this is easy to establish; other times, it can be more difficult. For instance, your car might have been stopped with the motor running. If it is unclear that you were actually operating the car at the time, a knowledgeable Driving While Intoxicated attorney might be able to help you fight

The Tormey Law Firm is a team of DWI attorneys who have successfully defended numerous clients against DWI / DUI charges in Bloomfield, Montclair, and everywhere else in Essex County. In fact, founding partner Travis J. Tormey recently represented a client and got the DWI charges dismissed by isolating the “operation” element and arguing that the defendant was not actually behind the wheel when the violation occurred. Other members of our DWI litigation team have had similar successes in helping clients beat their charges and avoid the most severe DWI penalties.

Call the Tormey Law Firm

Contact the Tormey Law Firm today at 201-654-3464 so that we can look over your file and begin your defense.

Proof of Motor Vehicle Operation in Essex County DWI Cases

There are several elements that the prosecution must prove beyond a reasonable doubt in order to secure a conviction in an impaired driving case. One of the most important elements is proof of operation of the motor vehicle. In many cases, proof of operation is obvious: the police officer pulls over the vehicle and the suspected drunk driver is behind the wheel. However, there are also many instances in which proof of operation is not so clear:

  • Vehicle is stopped on highway, but no one is behind the wheel
  • Vehicle is in parking lot with driver behind the wheel, but the engine is turned off
  • Vehicle is in parking lot with driver behind the wheel, but the car is in “park”
  • Vehicle is in parking lot, but the driver is sleeping with the seat reclined
  • Vehicle is in driveway, but the engine is not running
  • Vehicle is in driveway, but no one is behind the wheel
  • Vehicle is at rest area, but the driver is standing outside the vehicle

The prosecutor must prove that you were the driver of the car; failing that, your DWI charges are likely to be dismissed. This may provide an opportunity for you to beat your charges. Depending upon the exact circumstances, an experienced DWI defense lawyer can potentially challenge the “operation” element in your DWI case.

Free Consultation with a Newark DUI Lawyer

The DWI lawyers at the Tormey Law Firm will guide you through the complex legal system and explain all aspects of your drunk driving case so that you can make informed decisions. Call us at 201-654-3464, or fill out the online contact form to schedule a free consultation at our office in Newark, NJ.

What our clients say about us

Excellent attorney, highly recommend his talents

"I was facing serious trouble for marijuana possession. Was looking at probation, loss of driving privileges and even jail time. Travis's great knowledge of his clients constitutional rights"


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Our NJ lawyers represent clients in Belleville, Bloomfield, Caldwell, Cedar Grove, City of Orange, East Orange, Essex Fells, Fairfield, Glen Ridge, Irvington, Livingston, Maplewood, Millburn, Short Hills, Montclair, Upper Montclair, Newark, North Caldwell, Nutley, Roseland, South Orange Village, Verona, West Caldwell, West Orange, Wayne, Clifton and Paterson. Call us at 201-654-3464 or toll-free at 888-668-1940.

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