Legal Question in DUI Law in New Jersey

Question: Defendant was charged with DUI and Refusal although not found driving the automobile, vehicle was reported to be at one location but found about a fifteen hundred feet away upon police arrival, how strong is the state�s case against defendant in proving through inference that Defendant drove the car, doesn�t the state have to prove without a doubt that defendant drove the automobile or is that only in the movies, the very nature of the charge driving under the influence, would suggest to the lay person that actual operability of the car would be a major tenet to proving the charge, without a witness to defendant behind wheel, an explanation of how car moved from one place to another seems irrelevant, is this worth going to trial or is it pointless?


Asked on 9/05/13, 6:40 am

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

The offense requires proof of operation of a motor vehicle. Call me if you like. You must remember that your statements can be enough to prove operation. What did you say to the police?

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Answered on 9/05/13, 7:21 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

I assume you are not going to trial alone. Either follow your lawyer's advice or hire another one for a second opinion. 732/773/2768

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Answered on 9/05/13, 8:35 am


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