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.
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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.
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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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.
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