Can you be charged with habitual traffic offender if your not operating a motor vehicle

Question

I was working on a vehicle replacing the brakes and upon completion an officer pulls into my driveway and tells me the tag of the car I was working on was suspended and asked for my licence. In working on the car I only crank the car and put it into gear to see if the brakes would hold once I was done. He arrested me stating that I was going to jail as a habitual traffic offender because he seen me exit from the driver seat while the car was running. That charge violated the bond agreement of a separate case as it was being dismissed. I don't understand how I could be charged with being a habitual offender if I wasn't driving. The officer told me that he wasn't going to show up in court. My court date is set for Friday the 27th of July and I could really use some help. I have eyewitnesses stating that I was not driving.

Stephen Grooms · Answer

The question is whether or not your conduct was "operating a motor vehicle" under 56-1-1020, 1100. While private property vs public roads is addressed in Habitual Offender related injury charges (56-1-1105) it isn't so clear under the general statute. However it does set a nice precedent for an attorney to work with. You should contact a local criminal defense attorney to have them look into the case law to see how the courts have treated cases with your fact pattern. There may be an attorney general opinion that addresses this exact issue, but once again additional research is needed. In my opinion your conduct does not rise to the level of operating a motor vehicle as the legislature intended if the vehicle remained stationary, not to mention it never left private property.

Q: Can you be charged with habitual traffic offender if your not operating a motor vehicle