Legal Question in DUI Law in Colorado

DUI with no keys in ignition

I was given a dui about a week ago. Every report I have received has something different about the incident. I was stopped at a gas station, a lady bumped into me - said I backed into her. A witness statement said I was driving slowly into a parking space and she bumped me. The accident report says I was parked in a parking space. My statement that I gave to the police said I was not driving. I was given a roadside which the police officer said I did not complete to his satisfaction. (This was all during an extreme blizzard.) I elected to have blood drawn at the hospital. On top of all of this, my keys were not in the ignition - they were in the glove box. The police were not present to see me driving the vehicle. Do I have any chance at winning this case and/or saving my license?


Asked on 5/01/03, 10:59 pm

2 Answers from Attorneys
Stephen Anderson Anderson & Carnahan

Re: DUI with no keys in ignition

Your success at DOR hearing re loss of license and success in court depends on witness credibility and whether witness is identifiable. Moreover,the statutory presumptions may be affected by the time of accident and the blood draw. Get good legal advice.

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Answered on 5/06/03, 11:37 am
Jim Forslund Law Office of James C. Forslund

Re: DUI with no keys in ignition

You do have a chance. If the State can not prove driving, it can not get a conviction.

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Answered on 5/02/03, 8:05 am


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