Legal Question in DUI Law in Colorado

Inoperable Vehicle

I ran over a piece of debris in the road and flattened both drivers side tires. The impact was forceful enough to jerk the wheel from my hands causing me to hit the curb and badly bend both rims. I limped the vehicle 50 ft to a parking lot. I had no luck reaching a friend for a ride so I decided to go to the bar down the street and waste sometime while I kept calling. Closing time and i decided to just stay in the truck so I don't have to try to find ride in morning. Plus the tire shop is just down the street.So, I went back to the truck and went to sleep. At 7:00am I start the truck to get some heat. 7:30am police show up truck still running. Charged with DUI, blood .13.

I have a written statement from the tire shop that the truck was not operable. Also, I have a witness from the bar who will testify I had no intent to drive.


Asked on 12/22/05, 8:31 pm

2 Answers from Attorneys

Jason Savela The Savela Law Firm, PC

Re: Inoperable Vehicle

You have many good pieces of evidence for a good defense. I have tried a similar case with good jury response. You might think that you do not need an attorney and you might not, but I suggest you hire one to make sure this case is handled correctly. I think your explanation is reasonable and true, but I suspect most DA's will offer you a DWAI with classes. You did not do anything wrong, you should not be forced to plea guilty.

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Answered on 12/28/05, 4:30 pm
Jim Forslund Law Office of James C. Forslund

Re: Inoperable Vehicle

It is a valid defense. You should consider taking it to trial.

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Answered on 12/23/05, 7:45 am


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