It is common knowledge that it is illegal to drive while intoxicated in New Jersey. However, in order to be convicted, a state prosecutor must prove that a driver actually operated the vehicle while he or she was intoxicated, not before he or she got drunk. Therefore, a defendant should not be charged for being intoxicated in a parked car if there is no proof that he or she drove the vehicle after becoming drunk. Nonetheless, defendants are charged on a regular basis with DUI or DWI, despite never driving drunk, because the police officer discovered the driver drinking or sleeping in a parked vehicle.
If you, or someone you know, is charged with driving under the influence of alcohol after drinking in a parked vehicle, contact an attorney as soon as possible. You may be entitled to something known as the “glove box” defense. Based on this defense, a driver may be able to demonstrate that he or she is not guilty if he or she can show that consumption of alcohol occurred after the vehicle was parked. This is a complicated defense, however, and it will be very difficult to assert your innocence without an attorney who understands all of the factors involved with asserting the defense and is willing to convince a Court that the defense applies.
State v. Snyder, 337 N.J. Super. 59, 61 (App. Div. 2001).
The “glove box” defense is most popularly associated with the case of State v. Snyder, a 2001 case from the New Jersey Superior Court Appellate Division. It has been revisited on several occasions, including most recently in State v. Langan, in 2016.
According to Snyder, in establishing the “glove box” defense, there are several important factors.
- Whether or not he or she drank at some location prior to drinking in the parked vehicle.
- Whether or not he or she was driving erratically prior to parking the vehicle.
- Whether or not he or she can prove that drinking occurred in the vehicle, including that he or she had access to alcohol while in the vehicle.
- How long the vehicle had been parked.
The first factor is important because evidence of drinking somewhere else before parking the vehicle could establish that the driver drove drunk before parking.
The second factor could be considered evidence of drunk driving, particularly if a police officer, witness, or camera captures erratic driving or an accident.
The third factor is important because a driver cannot take advantage of the “glove box” defense if he or she cannot demonstrate access to a source of alcohol in the parked vehicle.
The fourth and final factor is important to showing how much time the driver had to drink and become intoxicated while in the parked vehicle.
NJ Drunk Driving Defense Attorney Edward M. Janzekovich Can Determine What Defenses Exist in Your Case
Defending against charges for driving while intoxicated is not easy. An experienced attorney will be able to determine what defenses do and do not apply in your case, as well as what evidence you need to prove that defense. Convincing a court that a defense applies can be extremely complicated. A good lawyer can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients in Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.