Where the law reaches
New York's impaired-driving law applies on public highways and also reaches private roads open to the public and many parking lots. Whether a particular lot is covered can depend on its size, and that question is sometimes worth examining for a small private lot or a driveway. Other states draw these lines differently, so a rule you read about elsewhere may not apply here. Even where the impaired-driving law does not reach, other charges or a civil claim can follow if someone was hurt. The location is the starting point of the analysis, not the end of it.
Operating without moving
In New York, a person can be found to have operated a vehicle without driving it, for example by sitting behind the wheel with the engine running. Courts look at the whole picture, including where the keys were and whether the engine was on. Someone who pulled over to sleep may be in a different position than someone who was about to pull out, but the result depends on the facts and on the court. Some states use an actual physical control standard that can be broader still. Photos of where the car sat and the names of anyone who saw you get in can matter.
Reviewing a parking lot arrest
Security cameras in lots often capture the minutes before police arrived, and businesses overwrite footage on short cycles, so we move quickly to request it. In a first consultation we look at the type of lot, what the officer saw, and what the evidence shows about operation. We also go through the usual parts of an impaired-driving case, such as the testing and the license suspension, which apply here just as they would after a highway stop. If the car was not yours, or you were waiting for a ride, tell us, since those facts can matter.
