Legal Question in DUI Law in New York

Re: dwi

Yes, although the prosecutor's case is based on a lot of circumstantial evidence. "Operation" of the motor vehicle is a key point the prosecution must prove. If they cannot do this then a jury must acquit. It is also possible that a motion to dismiss the accusatory instrument can accomplish the same goal.

Re: dwi

AS a former traffic court judge your question is very ambiguous. If you have been arrested then I suggest you seek competent legal counsel.If this is just a curiousity then dont get behind a wheel while drunk even if you dont intend to drive.If you want further info you can call my office to set up a consultation @718-834-0087

Re: dwi

the police/district attorney must give evidence for every element of a crime or the charge is dismissed (the defendant wins). One of the elements of the crime of DUI/DWI is that the defendant actually operates/drives the vehicle. the police/district attorney must present some evidence on this point. a photograph is one means. another is 'circumstantial evidence' (although it would have to be VERY convincing). a third method is if the defendant states that he was driving a vehicle while dui and evidence exists to support this 'confession'. you are welcome to consult with me for no charge at my office at 42 west 44th st, manhatten. please call for an appointment 646-591-5786.