Sitting or sleeping in the driver’s seat while intoxicated, even if the vehicle is stationary, qualifies as driving under the influence.
In a ruling published on February 17, 2020 (State v. Thompson), according to Judge Clarkson Fisher Jr., “operation includes sitting or sleeping in a vehicle, with the engine running, even when the vehicle is not in motion.” The Supreme Court has recognized that “operation” may be found from evidence that would reveal “a defendant’s intent to operate a motor vehicle.”
“Indeed, the Supreme Court has held that an individual who staggers out of a tavern but is arrested before he able to insert a key into his vehicle’s ignition may be convicted of N.J.S.A. 39:4-50(a),” Fisher said.
