Home -> Law Blog Directory -> Criminal Law Blogs -> New Jersey Criminal Defense Blog

Criminal Law

: New Jersey Criminal Defense Blog

Intent To Drive Required for DWI in New Jersey

By Lependorf & Silverstein

A recent New Jersey Appellate Division Court ruled in the case of Sate v. Putz, that the State has to prove a defendant?s intent to drive in order to prove the elements of a DWI. Merely sitting in the driver?s seat with the engine idling and the parking brake off is not enough. This decision is significant and departs from the Court?s usual tendency to enforce DWI charges in New Jersey if there is even slight evidence of one?s intent to drive. In this case, the defendant was found by a police officer fast asleep in his driver?s seat in front of his girlfriend?s farm at 2:00 a.m. His engine was running and his parking brake was off. His blood-alcohol content was found to be well above the legal limit. The trial court judge convicted the defendant of the DWI charge...continue to full post

Full post as published by New Jersey Criminal Defense Blog on June 02, 2009 (boomark / email).