I was in a car that was parked in a private hotel parking lot. Windows were up. No keys in my possession. No keys in ignition. I was behind the steering wheel however was just smoking a cigerette and talking. Police arrested me for DUI however I never even drive the car. I told the police and the passenger tried to tell him that he had driven. The police officer refused to talk to him. I did not do a breath test. He took me to hospital and ordered blood without my consent. They could only draw one sample. I was placed in custody at the scene but never read my Miranda rights. I kept telling the officer over and over I didn't drive. His answer was for me to fight it and if my friend had said he was then I wouldn't be there. I however told the policeman that he didn't let him after I asked
This sounds like a good probable cause matter. Sitting in a car which is not operating (if its your car or your parents car) is not much different than walking down the street.
I am assuming that you had permission to be there, and were not under suspicion of auto burglary or auto theft.
However if you never operated the car and if it was impossible to operate the car, you also have a fact defense.
Get a local criminal attorney immediately and get the facts into an affidavit after the attorney studies the police report. Your attorney would then talk to the DA about dismissing and or file your statement with a motion to dismiss for the court to save its time. If the facts are right about your not having been properly approached, your attorney may toss the suppression motion in with the other two.
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
It sounds like you have defenses to the charges, but the case is not going to just fade away on its own. You need an attorney to represent you. You (or better, your attorney) needs to get hold of and review the discovery file to determine the reasons the police give for contacting you in the first place and what evidence they intend to present at trial.
It is very important that you hire an attorney immediatley. In addition to the criminal charges, you also face revocation of your drivers license by the DMV. You have a very short period of time to request a hearing.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
Personal Injury Lawyer
You have a good defense that you didn't operate the car and without keys, couldn't operate the car. Thus, you would want to retain a criminal lawyer in your city to defend you, and hopefully this will get dismissed. Good luck to you.
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DUI / DWI Attorney
You need to hire an experienced DUI attorney. Actual physical control of a motor vehicle is required to be convicted of DUI. You have a multitude of issues here and you need a consultation with a DUI attorney so that you understand your rights and options and so that you can make an educated and informed decision on how to address this issue.
Feel free to call my office for a free consultation as my firm focuses exclusively on DUI Defense in Colorado.
My decision to answer your question does not construe an attorney client relationship. My opinion is based on the facts you have provided. Before making any decisions, you should always consult directly with an experience attorney, either in person or via phone.