On Dec. 19, a man dressed as an “Elf on the Shelf” was accused of driving while intoxicated in New Jersey. The accused man was found in the parking lot of a Target store in Riverdale at about 3:30 a.m. When a police sergeant approached the man’s gray Toyota van, the 23-year-old was allegedly found asleep inside of the vehicle.

The alleged drunk driving incident took place when a sergeant got a report about a suspicious car that was parked near a Target loading dock on Route 23. When the sergeant approached the vehicle, he found that the engine of the van was running, the lights were on and loud music was playing. The sergeant then turned off the engine of the car and woke up the man who was inside.

According to the sergeant, there was a strong odor of alcohol on the accused man’s breath. The sergeant also reported that the man seemed to be confused about where he was, and he could not satisfactorily complete a field sobriety test. The man was taken to police headquarters where he was given a breath test. He then received charges for careless driving, driving while intoxicated and possession of an open alcohol container in a motor vehicle.

Some people are unaware that it is possible to be charged for drunk driving while sitting in a parked car. A person who has received a DWI charge after such an incident might want to speak with a criminal defense attorney. An attorney might be able to help a defendant argue for a reduced charge by reviewing all pertinent evidence such as police reports and dashboard camera footage. In some situations, an attorney could challenge BAC results if poorly maintained equipment was used.

Source: NJ.com, “Man dressed as elf charged with DWI”, Kimberly Redmond, December 20, 2014