DUI and “Operation”

While we await the return of DUI checkpoints to the Jersey Shore, the Law Office of Frederick P. Sisto is happy to provide tips to help you avoid a wrongful DUI conviction. A common issue involves whether the State can prove that a suspected intoxicated driver was operating a motor vehicle.

Most are surprised to learn that the following is good law in New Jersey. A vehicle does not have to be in motion for a defendant to be found guilty of operating it. When an intoxicated person gets behind the wheel of a motor vehicle, even an unsuccessful attempt to operate it makes them guilty of DUI. An intent to operate can be inferred from all of the surrounding circumstances, including the suspect’s statements.

A common “operation” scenario involves someone who intends to sleep in their vehicle while they sober up before driving. Some helpful steps to avoid providing proof of operation include: leaving the keys outside of the vehicle so that it can not be operated, sleeping in the back seat as opposed to the front where the ignition can be accessed, and disconnecting the car’s battery to render the vehicle inoperable. As always, it is best to politely decline to answer police questions to avoid making an admission to operating or intending to operate the vehicle.

Complications arise in cold weather when the car needs to be turned on for heat. A running vehicle with an occupant will often be enough to prove “operation” under New Jersey case law, even when the occupant is found asleep in the back seat. Therefore, engaging the ignition should be avoided unless it is a true emergency in a rural area where there is no opportunity to call for a driver. You should also keep blankets and warm layers of clothing in the vehicle so that you can stay warm without engaging the ignition.

Stay tuned for additional tips and remember that the best DUI defense is a designated driver. Have a good week-end!

arson
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The most important thing an attorney can do for their client is get results in the courtroom. Fred Sisto did this for me, and did so in such a professional and communicative manner that I would absolutely recommend him to anyone in New Jersey who is dealing with criminal charges. Fred was able get results when other attorneys did not. I definitely recommend speaking with him.
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Very informative.
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Mr. Sisto and his entire staff were courteous, professional and got our case handled quickly and to the best outcome. Great lawyer. Highly recommend.
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My son was represented better than I could have ever imagined. His needs were put first and was treated as a friend rather than a number. His/ our opinions were valued and our doubts were always reassured. We couldn’t have asked for a better attorney out there!!! Thanks so much!
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Fred was extremely helpful and knowledgable. He made the whole process as painless and easy as possible.
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Thank you !
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From the beginning Fred was fast to respond to my initial inquiry (while he was on vacation) when other lawyers took a week or never even responded. Fred was professional, understanding of my situation and on point with the the expected timelines due the delays COVID had put on the courts. The courts had objections on a few occasions and forced me to appeal on another but, Fred stood his ground for me and followed through until my matter was resolved as I expected. I recommend Mr. Sisto if you are in need his services. I will definitely use him again if I ever need to.
Steve
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Mr. Sisto was not only a knowledgeable and excellent lawyer, he was compassionate and understanding during this difficult time. I found Mr. Sisto to always be available and he services were affordable and effective. You will not find a better lawyer.
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Very knowledgeable with expungement!!! Thanks again!!!
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I recently utilized his exceptional services and would highly recommend them to anyone seeking legal advice.
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