That is not judicial thinking at all. First, a suspect's guilt cannot be based on a prior record, although that is something that must be considered by law enforcement in determining the danger of a situation. And second, it is a criminal case, which must be "proven beyond any reasonable doubt." It is not to be approached with "the cops are more believable than the guy they arrested," rather the presentation of evidence has to prove it. In this case, it does only indicate intent, as the engine was not capable of being started. I'm not sure that's enough without having heard the entire case.
By the time I was 11 oer 12 years old, I used to sit in the driver's seat of my parent's car with the keys in the ignition lock. I wonder if I had been caught doing that-- just listenting to the radio or pretending to be driving-- that I could have been cited. Or would it make a difference if the car were on the driveway [private] or parked by the curb [public street].
