![]() ![]() Far more common is the question of whether the defendant was “operating” the motor vehicle. In most DWI cases, the issue of whether a motor vehicle was involved is not challenged. For example, motorized scooters are motor vehicles, while bicycles are not. Motor vehicle is defined by New York law as any vehicle operated or driven on a public highway, and propelled by a force other than muscular power. Operating a Motor VehicleĪs an initial matter, the prosecution must show that the defendant was operating a motor vehicle at the time of the alleged offense. These elements are further explained below. The second is that the defendant was intoxicated, or per se intoxicated, while doing so. The first is that the driver defending the charges operated a motor vehicle in New York on the date alleged. There are essentially two elements of DWI offenses that the prosecution must prove in a basic DWI case. While every DWI case will have a unique set of facts and evidence, the elements of a specific offense are the same. To establish its case against a defendant, the prosecution must prove every element of the charge beyond a reasonable doubt. In New York, a driver may be charged with a DWI for operating a motor vehicle while under the influence of alcohol or drugs. At Tilem & Associates, we have the knowledge to answer the questions you may have about a DWI charge or any other criminal offense. ![]() If you are facing a DWI charge, understanding the elements of the law and seeking guidance from a Westchester County DWI attorney may help you defend against a conviction. For some, a first-time DWI is their first experience with New York criminal courts. Most people arrested for driving while intoxicated (DWI) do not know the legal details of the offense. Skilled Defense Lawyers Representing Westchester County Drivers ![]()
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