Bergen County DWI: What If No One Saw Me Driving?
If you’re facing DWI charges in Bergen County, you might wonder what will happen if no one actually saw you operating your vehicle. How can prosecutors prove you were driving drunk in this scenario? Are “wheel witnesses” necessary in New Jersey? These are valid questions, and you might want to raise them with a DWI defense attorney. The truth is that even if no one actually witnessed you driving your vehicle, prosecutors could still potentially prove you’re guilty of driving while intoxicated.
The Elements of DWI in New Jersey
In order to secure a conviction, prosecutors in New Jersey must establish various elements of your DWI charge. First, they must establish that you were operating a motor vehicle at the time of your offense. Next, they must show that you were under the influence of alcohol or drugs. Alternatively, prosecutors could show that your BAC level was over 0.08% if there is no other evidence of your intoxication.
DWI laws in New Jersey do not require prosecutors to establish that someone witnessed you operating the vehicle. There are other ways to prove the operation, and prosecutors may explore these methods if there are no “wheel witnesses” to call upon.
How Can Prosecutors Prove I Was Driving if No One Saw Me?
Prosecutors may rely on video evidence to determine that you were operating the vehicle at the time of the offense. They might also use “circumstantial evidence,” which may come in various forms. If police arrive at the scene of a crash to find you sitting on the curb by your wrecked vehicle, they may infer that you were probably driving. They might also find you sleeping behind the wheel of your parked car and make the same inference.
Another potential form of evidence is your own verbal admission. Many motorists mistakenly admit to driving drunk, perhaps while under pressure from arresting officers. However, you should know that you are under no legal obligation to say anything to police officers during an arrest. In fact, most defense attorneys recommend that you exercise your right to remain silent, a right that is guaranteed by the United States Constitution.
The truth is that if no one saw you driving, you may have a relatively strong chance of beating your charges. For example, you may have decided to sit outside a crashed vehicle because the real driver fled the scene.
Can a DWI Defense Attorney in Bergen County Help Me?
A DWI defense attorney in Bergen County may be able to help if you need to prove you were not driving at the time of your alleged offense. In New York, prosecutors could still establish your guilt even without a witness who saw you behind the wheel. That said, your lawyer could still help you establish that you never operated the vehicle while intoxicated. This could lead to various positive outcomes, including dropped charges or acquittal. Contact Phillip J. Murphy, Attorney at Law for further guidance.
Source:
nj.gov/oag/dcj/agguide/dwi2005-penaltytable.pdf
