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What is Considered a Motor Vehicle for a DWI?

By Lependorf & Silverstein

One of the elements that the State must prove beyond a reasonable doubt to get a conviction for a New Jersey DWI (driving while intoxicated) is that the defendant operated a ?motor vehicle? while intoxicated. The question then becomes, what constitutes a motor vehicle? N.J.S.A. 39:1-1 defines a ?motor vehicle? as ?all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles?. The provisions of N.J.S.A. 39:1-1 define ?vehicle? as ?every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or motorized bicycles.? A snowmobile is considered a motor vehicle pursuant to the statute...continue to full post

Full post as published by New Jersey Criminal Defense Blog on September 17, 2010 (boomark / email).