Arrested for wrong way down one way street and dui.no signs and not impaired.have a clear record but have a brain injury.I have a public defender who doesn't want to do anything to help me.

First if it is a one way street, it has to have signs, where are they, You go out and take photos of them, and show how hidden they are.

On brain injury, HUMM if it is that bad, then perhaps you do not need a license to drive, remember if your defense is that your mental state is so poor, it can be confused with DUI, the court may find you are not fit to drive a car. ** something to consider before using that defense.
But you get copies of your medical records and provide them to the public defender.

A few things, first I am even surprised you have a public defender, for these charges many locations do not provide them, unless jail time is going to be considered.

Next they have little budget, and with such minor charges, have little interest in doing anything but making a deal. Next, most likely the public defender just does not believe you. The wrong way is a statutory offense, so it is hard to fight it, if this was really a one way street. So that is most likely a lost cause.

The DUI, you hire a private attorney for about 10,000 to fight it for you, a free public defender will be sure your rights are not violated, but often will do little for a defense.

My concern with the brain injury only relates to the field test.I honestly could not pass that on any day.

The issue is first seldom will just the field test be enough to convict for DUI, the field test are enough for probable cause to take you in to the police station for a breath or blood test. If all they did was a field test, any good attorney should be able to beat that case

What Fr_Chuck said still applies.
You need to pay for a private lawyer if you want to fight this, and you can save money by taking pictures and getting medical records and a statement from your doctor regarding whatever impairments you have that prevent you from walking a line, etc, but DON'T prevent you from driving! You are caught in a bit of a dilemma.
The lawyer should be able to tell you the outcome of the lack of a breath test, and so on, in your jurisdiction.
Now if you are on painkillers, that can be a factor in the charges against you.
I have a feeling we don't have all the facts.

Hello K:

What to do when your public defender sucksFire him. Do it by certified mail citing the reasons, and send a copy to the judge and the prosecutor..

If they appointed one lawyer, they should appoint another. The new one won't be from the public defenders office.

"excon"

excon, I know you know your stuff, and are good at this, but do you really think firing a PD and thinking they'll just assign you another works in all jurisdictions? I think around small cities and rural areas, they'll laugh you out the door. I'm having a hard time believing it works more than a tiny amount of the time anywhere.

I'm with excon on this. If the government wants to convict OP of something which apparently comes with potential significant jail time, they had better take OP's right to counsel (https://en.wikipedia.org/wiki/Gideon_v._Wainwright)seriously.

Hello again, joy:

I think around small cities and rural areas, they'll laugh you out the door.I don't disagree. However, when and if they refuse, the person who they convicted has EXCELLENT grounds for appeal..

excon

Thank you all of you for the helpful responses! I was in central city Colorado, a small gambling community that has narrow streets in desperate need of repair.I had 2 vodka sodas keeping this in mind as well as honestly believing I was in the legal limit.I was told the roadside bac was .11 and went into shock.I do not know what the police station/jail reading was.I went back to look for the one way signs that still weren't there.I have never been in trouble before in my life I'm43.I am really scared and ssi 710.00 is my only income.I cannot help but think this wouldn't even be an issue for a wealthy person .I would love to hire a good attorney but since I am unable to afford one I was at least expecting someone who was compotent. I was not sure he even had a pulse.

Thank you all of you for the helpful responses! I was in central city Colorado, a small gambling community that has narrow streets in desperate need of repair.I had 2 vodka sodas keeping this in mind as well as honestly believing I was in the legal limit.I was told the roadside bac was .11 and went into shock.I do not know what the police station/jail reading was.I went back to look for the one way signs that still weren't there.I have never been in trouble before in my life I'm43.I am really scared and ssi 710.00 is my only income.I cannot help but think this wouldn't even be an issue for a wealthy person .I would love to hire a good attorney but since I am unable to afford one I was at least expecting someone who was compotent. I was not sure he even had a pulse.

So you had alcohol in your system. You made it sound like a DUI wasn't possible at all. Two vodka sodas can impair you.

I don't understand this part of your post "I was told the roadside bac was .11". What does that mean?

Hello alty:

I was told the roadside bac was .11. What does that mean?It means he blew a .11 on the breathalyzer when .08 is the limit. It means that he lied to us about the possibility of being impaired. If he admits to two, he probably had four.

He's toast, bad lawyer or good lawyer.

excon

Hello alty:
It means he blew a .11 on the breathalyzer when .08 is the limit. It means that he lied to us about the possibility of being impaired. If he admits to two, he probably had four.

He's toast, bad lawyer or good lawyer.

excon

Thanks for explaining that exy. :)

This:


My concern with the brain injury only relates to the field test.I honestly could not pass that on any day.

And this


.I had 2 vodka sodas keeping this in mind as well as honestly believing I was in the legal limit.I was told the roadside bac was .11 and went into shock

You were arrested for a DUI because you were over the legal limit, not because of the field test.

First, don't just look for signs, take pictures. Take pictures with a current newspaper to show the date.

Second, a .11 is going to convict you so I would work for a plea to drop the one-way charge and get probation on the DUI.

Do you live in that town? I'm wondering what someone on subsistence level SSI would be doing in a gambling community.

Bad roads, no signs, zombie cop, brain injury, no money, 'honestly believing' you were under the limit.
You didn't want to tell us the whole story, just that your PD 'doesn't want to help you.'

You seem to be living in a Law and Order episode. This isn't the sort of case that even the most fresh faced idealistic young PD is going to be interested in fighting. The alcohol seals the deal. Using your brain injury is going to go against you. Believing things honestly is not even given 2 seconds in court.