What are DWI and DUI Charges in Edison?

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drive while drunk
Closeup of drunk driver hands on the steering wheel with a bottle of beer. Driving under alcohol influence. High quality photo

In Edison, NJ, there are several laws that govern the city and ensure that the people do not cause trouble in the city. However, among various felonies and misdemeanors, there are a few of them which are quite common nowadays and to handle these situation you need a certified Edison DWI lawyer to assist you in your case.

The NJSA. 39:4-50 contains the legislation that controls a DWI infraction in New Jersey. A person violates this law when they drive while drunk, which is known as a DWI. In order to support a DWI conviction, the prosecution will essentially need to prove two factors. Operation and drunkenness are these two factors.

Proof of accusation

The prosecution often has an easier time establishing the operational component of the crime. They have three strategies for doing this, each of which is clear-cut and simple to establish. 

  • The first way is to provide direct evidence of operation. This is shown when a police officer observes the suspect operating a motor vehicle before arrest. 
  • The second strategy the prosecution may employ is to obtain an acknowledgment from the driver or another passenger that the accused was operating the car.
  • The last way is to introduce circumstantial evidence. This implies that the circumstances surrounding the location of the accused and the vehicle allow the prosecution to establish a presumption of operation even in cases where the arresting officer did not actually see the accused running the vehicle or obtain an admission of operation from them.

To put it another way, if an officer shows up at the site of an accident, he may not have seen the driver before the accident, but he is aware that someone had to drive the car for it to reach there in the first place.

Finally, it should be noted that in some cases, proving intent to operate is sufficient to prove this part of the crime as well. The law does not mandate that officers wait for a clearly intoxicated driver to get behind the wheel before making an arrest.

End note

If you are found drunk before you start driving, you can also be charged with an offense. So if you are accused of a crime and need help, then contact a professional Edison DWI lawyer from the Law Office of Jonathan F. Marshall for immediate assistance with the case.