State v. Sweeney

192 A.2d 573, 40 N.J. 359, 1963 N.J. LEXIS 193

Opinions

The opinion of the court was delivered

Per Curiam.

We read the opinion of the Appellate Division, 77 N. J. Super. 512 (1962), to hold that a person “oper ates” — or for that matter, “drives” — a motor vehicle under the influence of intoxicating liquor, •within the meaning of N. J. S. A. 39:4r-50 and 39 :<U-50.1, when, in that condition, he enters a stationary vehicle, on a public highway or in a place devoted to public use, turns on the ignition, starts and maintains the motor in operation and remains in the driver’s seat behind the steering wheel, with the intent to move the vehicle, and that in this case the trial court could clearly infer such intent from the evidence. We thoroughly agree and therefore affirm the judgment of conviction.