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.
