New Jersey Drunk Driving (dwi) Defense Series: Other Related Dwi Offenses (5 Of 7)

New Jersey Drunk Driving (dwi) Defense Series: Other Related Dwi Offenses (5 Of 7)

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This article continues the New Jersey Drunk Driving (DWI) Defense Series by describing Other Related DWI Offenses.

A. Allowing Others to Drive Your Vehicle

You can be convicted of a DWI offense if you allow an intoxicated person to operate your motor vehicle (Allowing Offense). If you are convicted of this offense, you will be sentenced to penalties similar to a DWI Offense conviction. The intellectual underpinning for this part of the Drunk Driving Statute is based on a public policy that finds no distinction between the serious risks created by drunk drivers and those who allow drunk drivers to operate a motor vehicle.

Apart from the basic similarities in sentencing options that exist between an Allowing Offense and a DWI Offense, the facts that the government must prove for each of the offenses are almost the same, including the opportunity to use the per se component of the statute. There are a couple of material additions to the government's proofs, however.

First, you must consciously and knowing consent to the operation of the vehicle and provide the intoxicated person with an opportunity to drive the vehicle. Thus, if you are intoxicated and turn over your keys to your buddy who is also drunk, you can be convicted of an Allowing Offense even if you are later found asleep in the back seat of the vehicle. Second, you must have actual and constructive knowledge that the operator was intoxicated at the time authorization to drive was given. Consequently, if you allowed your friend to borrow your car when he was sober, and he later became intoxicated, you could not be convicted of an Allowing Offense.

Third, you must own, control, or have custody of the vehicle operated by a drunk driver. Ownership of a vehicle is self-evident control. Ordinarily, the government can show control or custody of a vehicle by establishing some type of connection between you and the motor vehicle. For example, if your father allows you to drive the family car, and you later give the keys to your intoxicated friend, you can be convicted of an Allowing Offense.

B. DWI Offense With A Minor Present

If you operate a motor vehicle while intoxicated where the vehicle is occupied by a minor, in addition the to DWI offense, you may also be convicted of a disorderly persons offense if you are the parent or guardian of the child. Notably, a disorderly persons offense is criminal in nature, whereas a DWI Offense is a motor vehicle violation. As a disorderly persons offender, you may be sentenced to a period of incarceration for up to 6 months and fined up to $1,000. Moreover, if your level of intoxication is elevated, you may be charged with an indictable offense involving the endangerment of a minor. This offense can expose you to a term of imprisonment from 3 to 5 years.

C. Under-Age DWI Offense

If you are younger than 21 years of age and you decide to drive a motor vehicle while under the influence of alcohol or drugs, special rules apply. Unlike the adult counterpart of the DWI statute, which creates a presumption of intoxication with a .08% BAC, the "Baby DWI Statute," as it is sometimes referred to, creates the presumption at .01% BAC. Further, the so-called Baby DWI Statute, unlike the adult statute, does not appear to require operation on a public road to be an offense.

D. Boating DWI Offense

If you operate a boat while intoxicated, you can be convicted of an offense that will expose you to a serious collection of penalties, including the loss of you drivers license and boating licenses, extensive fines, and even a jail term. N.J.S.A. 12:7-46 (Boating DWI Offense).

The statute defines a boat or vessel as one that must be equipped with some type of motor. A boat propelled by a sail or muscle (e.g. row boat, canoe) does not apply. Moreover, the boat must be operated in the waters of the State of New Jersey, including lakes, rivers, streams, lagoons, inlets and contiguous ocean areas.

The term "operation" is broadly defined to mean navicate, use, control or command. Resultantly, an intoxicated owner of a boat who is not actually operating it may be convicted of a Boating DWI Offense and if the operated is intoxicated, the owner can be convicted of allowing a drunk to operate his boat.

Jurisdiction for the prosecution of a Boating DWI Offense can be set in the municipal court where the offense occurred or the Superior Court.


Copyright (c) 2008 Frank Luciano

About the Author:
Frank T. Luciano, P.C.
147 Main Street, Suite 5
Lodi, NJ 07644
(973) 471-0004
ftluciano@aol.com
http://www.ftlucianolaw.com



Article Originally Published On: http://www.articlesnatch.com


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