This seems like a hazard of the job, but a state appeals court in New Jersey has gone out of its way to publish a sternly worded ruling affirming the propriety of police charging people with DWI if the suspect is sleeping or passed out drunk at the wheel of a parked car.
This is longstanding law in New Jersey, but the three-judge panel noted that it has faced objections to the status quo no fewer than seven times in the last twelve months, representing a significant uptick in attempts to overturn the existing regime.
The gist of the arguments the court has heard recently are that police can’t prove the person was impaired when they got into the car, and that while sleeping, they are not capable of forming an intention to operate the vehicle.
The appellate court wasn’t interested in this particular logic, but the judges might want to get used to fielding these types of questions. With a slate of reforms recently enacted, defendants and lawyers may want to continue pushing the envelope to encourage further changes.
If you’ve been arrested for DWI in New Jersey, get experienced legal help today. Call Matthew Reisig at 732-625-9660 for a free consultation.