Here are some DWI cases in New Jersey with very interesting and sometimes peculiar factual scenarios. In State v. Metcalf, 166 N.J. Super 46 (1979), a defendant, who after being arrested, processed, and released by the police is subsequently arrested again for drunk driving on the same evening may be properly convicted of two separate offenses as his conduct demonstrates two distinct episodes of intoxicated operation. Talk about having a bad day…..two DWI charges in one day, ouch.

In State v. Dannemiller, 229 N.J. Super 187 (1988), the driver ran out of gas and was sitting in his vehicle by the side of the road. The court held that, “It was reasonable for the trier of fact to conclude that the defendant had actually operated the vehicle. Defendant himself stated that he had been in Philadelphia in the early evening and that his vehicle remained parked on the roadway because he had run out of gas. There were no other persons in the area; defendant was in the driver’s seat and there was no evidence that any other person was involved with the use of the automobile at the time in question.”