Legal Question in DUI Law in New Jersey

DUI Ticket While Asleep in Car With Car Radio On

Cases of this nature are very fact-sensitive. On the facts that you present, the outcome could go either way. Many factors enter into the equation, including whatever statements the sleeper may have made to the officer.

This appears to be worth fighting.

Re: DUI Ticket While Asleep in Car With Car Radio On

Under New Jersey law if you are in your car with the engine turned on and you are drunk, then this is sufficient for a conviction for DWI. If the engine was not turned on, then there would be a chance to beat the case. If the key was turned just enough to engage the battery so your fiance could listen to the radio, but not to actually start the engine, then there may also still be a chance to beat the ticket. I am an attorney who has hndled numerous cases similar to thi in the past in the various courts in New Jersey. Please give me a call at 908-272-0111 to discuss the details of this case. There is never any charge for simply discussing a case with me. THank you.

Sincerely yours, Ronald Aronds, Esq.

www.njworkerscompensationlaw.com

Re: DUI Ticket While Asleep in Car With Car Radio On

The keys in the ignition are a killer unless he

was sleeoping in the back seat. Give me a call. I

know what you need to know.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.dwitrials.com

Re: DUI Ticket While Asleep in Car With Car Radio On

The question here is whether the prosecution can prove that your boyfriend was "operating" the motor vehicle. If the engine was running, your boyfriend could be convicted. The real problem is one of evidence, proof, and inference: the judge might infer from the fact that the key was in the ignition that the engine was running, as well.

Often, police will do things such as check to see if the hood is warm (i.e. indicating that the engine had recently been running).

Even if the engine is not actually running at the time the police officer made the arrest, if the hood is warm, and the driver is intoxicated, the judge might infer that he must have been intoxicated at the time the engine was turned on. This might be the subject of expert testimony.

In any event, your boyfriend needs to retain an attorney immediately to review all of the specific facts of his case and to properly advise him.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]