A retired Parsippany deputy police chief was acquitted of DWI after police found him snoozing in his vehicle in January, the driver's seat tilted back and the engine running.
Readers questioned whether the former cop was let off easy because of his former profession, and asked if they, too, could sleep off that binge from the local watering hole by resting in their car? The answer isn't simple.
When it comes to snoozing your inebriation away in your car, experts say the law is murky in the Garden State.
"There is no specific language in the DWI statue that covers this unique situation," said Steve Carrellas, the New Jersey representative for the National Motorists Association.
The former Parsippany cop, 72-year-old William Makowitz of Sparta, was found not guilty of DWI by Judge Gary F. Troxell, sitting in Madison Joint Municipal Court, after the prosecutor couldn't prove how he got the car to the local Elks lounge in January, and how he planned to leave the parking lot.
"Based on legal facts of operation, the state could not prove that Makowitz had ever driven the car or had any intention to," Prosecutor Matthew C. Dorsi said after the not guilty verdict.
Under state law N.J.S.A. 39:4-50(a) Driving While Intoxicated, the state may convict solely on observable evidence of the motorist, which is made by the officer at the time of arrest.
Dorsi, the prosecutor, said Makowitz was acquitted after his attorney referenced the 1973 case of the State vs. John Daly, where Daly was found not guilty in similar circumstances as Makowitz.
"We conclude... that in addition to starting the engine, evidence of intent to drive or move the vehicle at the time must appear," the State Supreme Court ruled in the case.
What a judge determines about the intent of the driver is key. While the judges found that prosecutors didn't prove that Makowitz and Daly intended to drive while intoxicated, other judges have ruled differently.
"Pretty funny I was CONVICTED on the same charge, except the car was off and keys out of the ignition," NJ.com commenter Greg Thompson wrote on a post about Makowitz.
Both Carrellas and Parsippany police spokesman Brian Conover say that's entirely possible.
"In circumstances where a vehicle is parked with or without keys in the ignition, the officer would need to reasonably articulate their belief of the motorist's intent to operate the vehicle," Conover said.
Conover also points out that while the officer might find intent, the judge may not. In that case, the charges would be thrown out, as the judge did in the Makowitz and Daly case.
Jef Henninger, a lawyer who handles DWI cases, said he usually handles about 12 similar cases a year. He recently helped a client by proving there was no intent to drive and the car was on only for heat during a cold month.
"The problem with the legal system is that things aren't always black and white," Henninger said. "Different judges have different opinions."
There's no rush to get the law clarified. Carrellas and Henninger said they're against the legislature defining the actual definition of "operation" when it comes to DWI laws because refined language could be worst for motorists.
So could you sleep in a car drunk and not get charged?
"Don't risk it, but if you do get charged, don't make an assumption it's hopeless because you can't win," Henninger said. "I also wouldn't advise it, fighting the charge costs a lot of money.
"In this day and age, call a friend or Uber."
Fausto Giovanny Pinto may be reached at fpinto@njadvancemedia.com. Follow him on Twitter @FGPreporting. Find NJ.com on Facebook.