OPERATION ISSUES
An operator of a vehicle is defined as a person who is in actual physical control of the vehicle. An operator may not be actually driving the vehicle. A person may be found to be operating a motor vehicle when they are sitting behind the wheel of the vehicle that is parked if there is an intent to operate and attempt to operate the vehicle. Issues may arise if a person is sleeping in the seat of a car on the side of the road behind the wheel even if the ignition is not turned on. The state may try to prove in some cases that the vehicle located on the side of the road could not have been found at that location if the defendant had not driven the vehicle there while intoxicated. Operation may be proven by observation by police or witnesses, circumstantial evidence or admission by the defendant.
Attorney Steven D. Rothblatt has the expertise, knowledge, and experience to help you and defend you if charged with any type of DWI offense.
