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| Lake Cayuga viewed from shores of Stewart Park, Ithaca, NY - NEWMAN & CYR, The DWI Attorneys |
CAN YOU GET A NEW YORK DWI
WHILE SITTING ON A MOTORCYCLE?
Riding a motorcycle while drink or high and getting stopped for erratic riding or an accident is one way to get a DWI charge. But a more frightening and unexpected way to get arrested for DWI can happen while even just sitting on your bike...
New York Driving or Riding Means Operation
Yes, New York is one of those states where the definition of operation doesn't just mean controlling and moving a car, motorcycle, or truck. It can include sitting in or on a motorcycle or car with the intent to move or even circumstantial evidence of having operated it or even intending to operate it.
Circumstantial Evidence of Operation is Legal in New York DWI
In some states like Florida, a police officer needs to witness a misdemeanor level offense. In fact in Florida DUI cases where the prosecution try to present circumstantial evidence of operation to prove the D in DUI will be tossed out by the judge.
New York state allows lay (not law enforcement) people testify that they saw you drive or even saw you walk drunk or high to your car or bike. It allows the police to say that they felt your engine or hood and that it was hot. New York allows circumstantial (not direct) evidence of operation.
Limited Circumstantial Evidence of Motorcycle Operation is Enough
Which all brings us to the New York Motorcycle DWI case of People v. Shaffer. In this case, a NYS trooper saw a guy just sitting on a motorcycle, and arrested him for DWI. I know it sounds crazy, but all the judges, (and there were many) agreed that in this situation, and with this set of facts the police were well within their legal right to arrest Mr. Shaffer for DWI. This was in spite of the fact that neither the police nor anyone else saw him ride his bike at all.
These are the facts of this non-moving Motorcycle DWI case:
-Shaffer was just sitting on his motorcycle
-Bike was not running
-The key was in the ignition
-Shaffer had his helmet on
-Shaffer had his kickstand up
-The motorcycle was facing the wrong way on a one way street
Shaffer Admitted Operation
The police had a reason to check on Shaffer, facing the wrong way on a one-way street is probable cause to check him out. Shaffer's biggest mistake was admitting to the trooper he had just ridden his motorcycle. Now when it came to arresting him for DWI it didn't help that he smelled of alcohol, had bloodshot eyes, and was slurring his speech. But what if Shaffer had not admitted operation, would the police still have the D in DWI? We think not.
In every DWI situation, the facts are a little bit different. In this motorcycle DWI case, even without proof of operation, the judges all the way up to the appellate level felt that the police acted appropriately. Every DWI case requires proof (evidence) for the stop of the motorcycle, proof for the DWI arrest, and most of all proof beyond a reasonable doubt to find you guilty of the crime of DWI.
The question will always be "whether the prosecution has enough proof, has enough evidence to prove each and every aspect of their DWI case to the beyond a reasonable doubt standard." This type of weak evidence should always be challenged --especially if they try to prove someone guilty of the crime of DWI by circumstantial evidence.
If you have questions about a motorcycle DWI or other DWI case in New York, call us:
607-229-5184
or find us online: www.ithacadwi.com
www.watkinsglendwi.com
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BY NEWMAN & CYR
Educational Purposes only. Copyright 2016.
If you or a loved one are charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes -including the potential loss of your freedom.
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