Legal Question in Criminal Law in Colorado

Can I get a dur when sitting in passenger side seat after getting droped of at my wifes vehicle

Asked on 1/28/14, 10:22 pm

2 Answers from Attorneys

Damon Cassens Waters, Kubik, and Cassens

The DA must prove you had actual physical control of the vehicle to get a conviction.

Your fact pattern points to no, but there are a lot of important facts not mentioned: Where are the keys? Is the car running? Where is the 'driver?'

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Answered on 1/29/14, 5:59 am
Jason Savela The Savela Law Firm, PC

Damon is right. Cops will charge things when there is not necessarily proof. But, to be convicted, the DA must prove beyond a reasonable doubt that you had actual physical control of a vehicle (car/truck). This usually means in the drivers seat with keys. Unless the cop or some other witness saw you drive or in the drivers seat, it is unlikely that a jury would find you guilty.

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Answered on 1/29/14, 7:12 am

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