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But I wasn't driving! (Yes, you can still be convicted of DUI)

Many times clients come to us and say they can't be convicted because they weren't "driving" the car when an officer came upon them. For example, they were changing a tire on the side of the road, or were parked in a rest stop on a highway, among other situations. Even if the officer did not witness you driving, but there are other circumstances which indicated you recently operated the car, or that you intended to operate the car in the immediate future, this can be sufficient.

The mere fact that you weren't in motion when you came into contact with the officer is not going to result in a dismissal of your case. However, there are instances when "operation" is a serious issue. There are many cases which have made their way up through the Court system on this very issue. It is important that all facts are explored, because the issue of operation can be very fact specific. It is the State's responsibility to prove, beyond a reasonable doubt, that you were operating your motor vehicle.


If there is any question as to this issue, you should hire an experienced DUI defense attorney to explore all possible defenses to this element in order to achieve the best possible result for you.

609-515-6103
South Jersey Attorney with a focus on Criminal Defense & Divorce
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