Allowing Intoxicated Operation Charges in New Jersey

Counsel From an Experienced Parsippany DWI Lawyer

In order to further prevent instances of drunk driving, New Jersey has enacted DWI laws that affect citizens who could potentially prevent the crime from happening. In New Jersey this is called allowing or permitting intoxicated operation and is a serious offense that calls for sound and responsive legal counsel.

Requirements for Allowing Intoxicated Operation

Lawmakers have had to set very strict and clear guidelines for this law in order avoid certain ambiguities. What constitutes "allowing" someone to operate vehicle?

According to statute N.J.S.A. 39:4-50, for this charge to stand in court, the prosecution must prove that the accused:

  • Knew or should have known the driver was intoxicated
  • Was in possession of a vehicle
  • Permitted the intoxicated driver to use that vehicle

Note that this charge is possible even if the defendant is not aware that driver is intoxicated—it is possible for the prosecution to argue that the accused should have reasonably known. Penalties for these crimes are the same as those issued for drunk driving. A first offense can result in up to $400 in fines, the suspension of your driver's license, and all other penalties associated with a DWI conviction. It is important to hire an experienced Parsippany DWI defense attorney who can protect your rights and fight your charges.

Get the Seasoned Defense You Deserve

Because this offense relies on a wide margin of objectivity, it is vulnerable to interpretation and can be difficult for prosecutors to prove in court. At The Law Offices of Christopher G. Porreca, P.C., I am well-versed in these vulnerabilities and can confidently confront these charges in court. Over the last 16 years as a New Jersey criminal defense lawyer, I have proven time and time again my dedication to my clients' interests and have earned an Avvo Clients' Choice Award in the Criminal Defense category. I am ready to bring the same, unparalleled legal counsel to your DWI charges today—including allowing intoxicated operation charges. Find out how I can help by scheduling a free case evaluation.

If you or a loved one has been charged with allowing intoxicated operation, then secure aggressive and emphatic representation at The Law Offices of Christopher G. Porreca, P.C. by calling me today!

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