In Edison, N.J.S.A. 39:4-50 contains the law that applies to a D.W.I. violation. According to this statute, a D.W.I. offense is a person operating a motor vehicle while under the influence. In order to support a D.W.I. conviction, the prosecution will therefore need to demonstrate essentially two elements. These two components are intoxication and operation.
How to prove the element of crime?
It is frequently simple for the prosecution to establish the operational element of the crime. They have three ways to do this, all of which are quite clear and simple.
- The first technique involves concrete proof of performance. This is proven when an officer observes the suspect operating a motor vehicle before their arrest.
- The second strategy that the prosecution may employ involves getting the driver or another passenger to admit that the accused was in control of the vehicle.
- The introduction of circumstantial evidence is the prosecution’s third and final option. This means 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.
Intoxication element
Regarding the offense’s drunkenness component, the prosecution has three ways to prove their case. Field sobriety tests are the first of these. Most people are familiar with the tests where you have to recite the alphabet, walk straight and turn, balance on one leg, etc.
A breath test is another tool at the officer’s disposal to demonstrate intoxication. The Alcotest 7110 manufactured by Draeger Industries is the breathalyzer employed in the State of New Jersey.
Based on the ruling of the classic State Supreme Court case State v. Chun, the findings of this test are admissible; nevertheless, police must adhere to a very particular protocol, or else the validity of the results can and should be questioned by a knowledgeable D.W.I. attorney.
If you are accused of a crime or D.W.I., don’t hesitate to contact Edison DWI Lawyer for help in these cases, our criminal lawyers will help you.
