What makes up the "DRIVING"
in a DWI case in New York?
In NY, in order to be charged with DWI you must "operate" a "motor vehicle."
What does this mean?
Let's start with "Motor Vehicle" --it is defined in NY:
any vehicle operated on a public highway that is propelled by any power other than muscular power (i.e. pushed by or pulled by an animal etc).
This list includes:
-cars
-trucks
-ATV's or Four-Wheelers
-scooters
-Vespas
-Go-karts
-electric powered machines
-lawn tractors / riding mowers
-Cars that are INOPERABLE...i.e. dead battery, engine disconnected
NOTE: Snow Mobiles are NOT considered "motor vehicles" but they have their own set of DWI charges ...so you could still be charged with "Snowmobiling While Intoxicated"
What is NOT a "motor vehicle" ?
-Horse-drawn carriages
-anything that is ORDINARILY muscle-powered
-bicycles
-rollerblades
-skateboards
What does it mean to "operate" a motor vehicle in NY ?
Operation means:
-driving a motor vehicle
-sitting behind the wheel for purpose of driving (whether moving or NOT moving)
-engine is running OR not running, but person is about to run engine
-had just RECENTLY driven the vehicle
-was seated behind wheel with engine running and INTENDED to drive
-was "dangerously close" to driving
*THE DRIVER MUST INTEND TO PUT THE VEHICLE IN MOTION to "Operate" it.
However, it is difficult to prove sitting the car without that intention as a practical matter.
BOTTOM LINE:
Usually it is not difficult for the prosecutor to prove these things...in most cases a police officer stops a driver suspected of DWI and has actually SEEN them operating a motor vehicle.
These issues only come into play when somebody is found asleep at the wheel or some other circumstance that indicates that they may have driven while intoxicated...even if nobody saw them, those facts can be inferred and proven by circumstantial evidence.
BY: Attorney Mike Cyr
P: 607-229-5184
Twitter: @ithacadwi
