I was arrested for dui. I've recently had a traumatic brain injury. when given the sfst I was not on level ground and asked to move but was denied. I warned her of my tbi and how the test light so close was affecting me. I can't focus and do certain things because of my brain injury I continuously made her aware of this but she continued to attempt the tests. I respectfully declined any other tests she offered after telling me I'm going to jail for dui. Wat are my chances of beating this In trial? I can't afford attorney, I can't work because of tbi issues, will public defender be any help?
2 Answers from Attorneys
These types of cases are the types you can win in court, but you are going to need to have an attorney. Find out what steps you need to take to file an application with the public defender who handles the particular court where you case is pending.
Your chance of winning a DUI trial in court without a lawyer is pretty similar to your chance of winning a large lottery prize - near zero. Cases with physical impairments are sometimes winnable by an experienced lawyer, so you need counsel. While not all public defenders have that experience, some do. I'd recommend you hire a top DUI lawyer like Bubba Head - his fee may be less than your fine and increased insurance costs. But if you cannot afford a lawyer, at least get a defender.