New York DWI Charges- Parked Car Or Sitting In Cars By Michael Joseph on September 25, 2011

As a New York criminal defense lawyer, Michael Joseph has handled numerous driving while intoxicated cases in Westchester county and New York City. Often people who know they are too drunk to drive will get in the car and try and sober up. Sometimes, people will get in their car and turn on the heat or air conditioning while they wait.

Unfortunately the police in White Plains, Port Chester and other bar towns are notorious for arresting everyone who is sitting in a parked vehicle behind the wheel trying to sober up. Our NY DWI lawyers have successfully defended these cases because if you are getting in the car to sober up or sleep, you are not driving while intoxicated.

Under New York DWI laws to operate a vehicle means to drive it. New York DWI law defines driving as sitting behind the wheel of a motor vehicle for the purpose of placing the vehicle in motion, and when the motor vehicle is moving, or even if it is not moving, the engine is running. Thus, an essential element is that the person be behind the wheel for the purpose of driving it.

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The Law Office of Michael H. Joseph, PLLC

Law Office of Michael H. Joseph, PLLC

The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over a decade. Our attorneys are members of several prestigious organizations, including: 

  • New York State Trial Lawyers Association
  • American Association for Justice
  • New York County Bar Association
  • Westchester County Bar Association

To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.

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