Definitions are important when it comes to criminal charges, and this is certainly the case with DWI cases in North Carolina. A particularly important definition is that of the word “driving.” Do not be so quick to assume that you know the definition of operating a motor vehicle since the only thing that matters is North Carolina’s definition – not yours. In certain cases, the specifics of this definition can allow for a successful defense strategy.
Definition One: You are “Driving” if the Vehicle is in Motion
One interpretation of North Carolina’s DWI laws states that if the vehicle was in motion at the time of your alleged offense, you were legally driving it. The most obvious example is driving down a road. However, this broad definition also opens the door to other possibilities. Maybe you assumed that if you shut off your engine and pushed your car home, you could avoid a DWI charge. However, this would still classify as a crime – since the vehicle was in motion and you were in control of it. The fact that the engine was not on is largely irrelevant.
Definition Two: You are “Driving” if the Engine is on
Another interpretation states that if the engine was running at the time of your alleged crime, this counts as a DWI. For example, you might have been sitting in a parked vehicle with the engine running. Perhaps you were simply running the engine for warmth or to listen to the radio. Whatever the case may be, this is still a DWI offense in North Carolina – since you are in control of a running vehicle.
What if the Vehicle Was Parked But the Engine Was Not Running?
If you were sitting in your vehicle without the engine running, you may escape a DWI charge. However, you would need to prove you had no intent to operate the vehicle. Relevant information might include whether your keys were in the ignition or whether you had your seatbelt on. If you want to avoid a DWI charge, you should keep your keys well away from the ignition and make it clear that you are not planning to drive. Consider sitting (or sleeping) in the back seat instead of the driver’s seat.
What if the Vehicle Was in Motion, But I Was Not in it?
Suppose you forget to put your vehicle in park, and it starts rolling down a hill. If the police eventually find your vehicle and determine that it belongs to you, could you face DWI charges? This is a rare situation, and it is difficult to say how the police would address it. However, at face value, this may be a difficult crime to prosecute, and the authorities may struggle to establish that you were behind the wheel when it rolled away.
Can a Defense Lawyer in North Carolina Help Me With My DWI Case?
A North Carolina DWI defense lawyer may be able to help you win your case. The definition of “driving” in this context is specific, but it leaves some potential pathways for defense strategies. If you are not sure whether you were legally “driving” at the time of your alleged crime, speak with Coastal South Law. We can offer further insights – and we can get you started with a defense strategy.
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