Can I Be Charge With Driving While Intoxicated If My Car Was Parked?
In New York, a person also OPERATES a motor vehicle when such person is sitting behind the wheel of a motor vehicle for the purpose of placing it in operation, and when the motor vehicle is moving, or even if it is not moving, the engine is running.
Thus, if the vehicle was not being driven at the time you were arrested, then the prosecutor must prove that you were either previously driving while intoxicated, or that your intent was to drive soon thereafter.
If you were charged with DWI and the car was parked, there are many defenses available to you. Contact Nassau County DWI lawyers at the Law Office of Richard Hochhauser, PLLC.