To be charged with a dwi does the officer need proof I was driving
Asked on 7/26/14, 10:43 pm
2 Answers from Attorneys
Dennis OSullivan
The Law Office of Dennis O'Sullivan
Absolutely. Operation is one of the required elements for a dwi. While there are presumptions of operation that can be made (eg., if the keys were in the ignition and you were sitting in the driver's seat), there has to be some tie-in to make the charge stick..
Feel free to give me a call if you have any questions.
Dennis
800 421-5314
Answered on 7/26/14, 11:01 pm
Stuart Austin
Austin Law Associates, PC
Intent to move the vehicle may be enough. If the keys are in the ignition, the motor is running a d the inference can be made that you were either previously moving or about to move the vehicle a charge may be brought. That however is different than proving beyond a reasonable doubt that you "operated" the vehicle.
Answered on 7/27/14, 3:21 pm
Related Questions & Answers
-
What is the aggravated dwi law in new York Asked 10/21/13, 8:52 am in United States New York Drunk Driving & DUI Law