I fall asleep in the car. Car had right rear flat tire and was not drivable. The keys are in my pocket. I was parked in a private lot. I refused the field sobriety and BAC breath tests. I also have an out of state license.
I think you have a defense given those facts and not knowing anything else. This may not prevent the police and DA from filing but it is a trial defense as they cannot prove operation of a motor vehicle or intent to do so.
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