QUESTION
Can the police charge a 19 year old with DWI if he was sitting in a car with the motor running?
Asked on Apr 29th, 2015 on DUI/DWI - New York
More details to this question:
Will a judge consider this a mitigating circumstance and possibly lower the charge?
1 ANSWER
Yes. In New York State, the courts have a very expansive definition of operation. The motor running is considered operation under NY case law. However, the fact that the vehicle wasn't actually in motion my be utilized as an equity if presented property. I would welcome the opportunity to discuss the details of this case and any potential equities or defense issues.
Answered on May 01st, 2015 at 9:06 AM