What “Intent to Operate” Means in New Jersey Drunk Driving Cases
Most of us understand that if you are pulled over while driving and the officer determines that you are drunk, you will likely be accused of Driving While Intoxicated (DWI). However, what many don’t know is that you could be arrested for DWI even if you are outside of your vehicle and have your keys in your pocket or if you decide to take a nap to “sleep it off” with the keys in the ignition.
The Broad Interpretation of “Operation”
In order to be convicted of a DWI, New Jersey law holds that you must have been operating your vehicle. The courts have broadly interpreted the term “operation” to encompass more than just “driving” a vehicle. Operation, for instance, can include sitting or sleeping in a car, with the engine running, even when the car is not in actual motion. The NJ Supreme Court has recognized that the term “operation” may be found from evidence that would reveal the motorist’s intention to operate the car by running the engine or attempting to put the keys into the ignition.
Your Intention Counts
You can be convicted of a DWI under New Jersey drunk driving laws if you simply have the intent to operate your vehicle while you are intoxicated. This means you do not have to actually be operating your vehicle to be charged with drunk driving – having the intent to do so is enough.
However, since it is difficult to know what is going on in a person’s mind, the courts will look to circumstantial evidence in order to determine intent. The bottom line is that the prosecutor has the burden to prove that the accused had the intent to drive.
All of the vagueness and different interpretations of New Jersey drunk driving laws makes it imperative that you hire an aggressive New Jersey DWI attorney to fight the charges against you. Just because you have been charged with drunk driving does not mean that you will be convicted. It is imperative that you immediately consult with an attorney to protect your legal rights.
Contact Us Today!
If you have been arrested for a DWI offense, you should discuss your case, including any potential meritorious motions to suppress, with an experienced New Jersey DWI attorney. For more information or to schedule a free consultation with one of our skilled attorneys, please call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
