Kenneth Vercammen & Associates
Edison, NJ 08817
732-572-0500
Toll Free 1-877-NJLaws1
68 So. Main St,
Cranbury, NJ 08512
By Appointment Only
800-655-2977
The State has the burden of proving beyond a reasonable doubt that a defendant was driving while intoxicated. State v. Grant, 196 N.J. Super. 470, 477 (App. Div. 1984). N.J.S.A. 39:4-50 specifically applies to �a person who operates a motor vehicle while under the influence of intoxicating liquor . . . . � (Emphasis added). The term �operate� must be given broad construction. State v. Morris, 262 N.J. Super. 413, 417 (App. Div. 1993). Actual operation is not required to satisfy the element. Ibid.; State v. Sweeney, 40 N.J. 359, 360-61 (1963). �Operation may be proved by any direct or circumstantial evidence � as long as it is competent and meets the requisite standards of proof.� State v. George, 257 N.J. Super. 493, 497 (App. Div. 1992). �Operation� may be proved by actual observation of the defendant driving while intoxicated, State v. Prociuk, 145 N.J. Super. 570, 573 (Law Div. 1976); by observation of the defendant in or out of the vehicle under circumstances indicating that the defendant had been driving while intoxicated, State v. Mulcahy, 107 N.J. 467, 476 (1987); Morris, supra, 262 N.J. Super. at 419-20; Sweeney, supra, 77 N.J. Super. 512, 521 (App. Div. 1962); State v. Witter, 33 N.J. Super. 1, 5-7 (App. Div. 1954); or by defendant�s admission, State v. Hanemann, 180 N.J. Super. 544, 547 (App. Div.) (affirming defendant�s conviction based upon his admission that he had been driving earlier that night after the police found his empty overturned vehicle on the highway), certif. denied, 88 N.J. 506 (1981); State v. Dickens, 130 N.J. Super. 73, 78 (App. Div. 1974) (affirming defendant�s conviction based on his admission to drinking and driving when the police woke him up in his parked car on Interstate 287); State v. Guerrido, 60 N.J. Super. 505, 509 (App. Div. 1960) (affirming defendant�s conviction based on the testimony of two witnesses that he was intoxicated and his admission to police that he had been driving after his car was found �buried full length in some shrubbery and lilac bushes.�)
The Appellate Division in State v Ebert 377 N.J. Super. 1 (App. Div. 2005) recently
detailed the proof required by the state. 1. The state has the burden of proving beyond a
reasonable doubt that a defendant was operating a motor vehicle while intoxicated.
N.J.S.A. 39:4-50. "Operation" may be proved by actual observation of the
defendant driving while intoxicated, by observation of the defendant in or out of the
vehicle under circumstances indicating that the defendant had been driving while
intoxicated, or by the defendant's admission. 2. Defendant's .27 percent BAC, along with
the fact that she had driven to the parking lot of a restaurant on a major state highway,
Route 46 in Denville, was sufficient to sustain her conviction for reckless driving.
Conclusion If charged with Driving While Intoxicated, immediately schedule an in-office
appointment with a trial attorney. Don't rely on a real estate attorney, public defender
or a family member who simply attended law school. When your driving privileges and
ability to drive to work is on the line, hire an experienced attorney.
The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal and motor vehicle violations. When your job or driver's license is in jeopardy or you are facing thousands of dollars in fines, DMV/MVC surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule a free in-office consultation if you need experienced legal representation in a traffic/municipal court matter.
Our website www.njlaws.com provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations. Call the Law Office of Kenneth Vercammen at 732-572-0500 to schedule a free in-office consultation to hire a trial attorney for Criminal/ DWI/ Municipal Court Traffic/ Drug offenses.
Celebrating 20+ years of providing excellent service to clients since 1985. We handle trials to win! 2nd degree black belt, trialthlete and member of state champion masters racing team. Always competitive!
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment