I was sober and passed FST as perfectly as most can, but was taken out dash camera view for 2nd half the tests and report says I then failed 8/8 steps of WAT and was falling and hopping around the OLS tests.
To me that makes it sound like I'm pretty impaired, when the test that would be in camera view I did perfectly and would appear completely sober as I was. Especially when other then eyelid tremors and LOC there are no indicative or visual signs of impairment recorded in the report.
Gave me all points to charge just on WAT.
Was basically determined impaired, based on a smell of MJ and wouldn't have done the FST if I'd a known I didn't have to.
I've heard those cases get tossed in Arizona, if based only on smell.
I can't afford lawyer and although public defenders don't have much time, I've gotten possibly the worst 1 ever.
He's ignored every request I've asked of him, seems to be hated by the judge and prosecutors who appear to have no patience with him. Any time I've asked a request or talk about fighting, he's referred me get a private attorney and down talks his experience. Basically refusing to help me or goto trial. Is this Malpractice of my rights and fair defence?
If you are unhappy with the public defender you can address this with the Judge at your next hearing.
I'm sorry to hear about your interaction with your defense attorney is not going as well as you like. I recently was retained by a Client under similar circumstances - first attorney was a busy public defender with too many cases to manage to give the attention the Client deserved on his case.
You live in Tucson, AZ, which has a law school, which has a set of Legal Clinics found at this site: https://law.arizona.edu/law-clinics. Use it to find a contact number to see if the school provides criminal defense services. It lists such a clinic, but there is no active link. It also lists a clinic that might help pair low income clients with a new attorney who is trying to earn a living and gather experience and maybe will charge a low fee. I don't know, and you won't either without trying.
Also, your city has a local bar association. Use this link to contact it to find a lawyer: http://www.pimacountybar.org/ Try to talk to someone and not just submit information on line. Explain to the person you need a DWI attorney (or DUI or OVI whatever it's called in your jurisdiction) and that you need someone who won't charge much - which is way of saying is inexperienced. It sounds like an attentive, albeit inexperienced lawyer will serve you better than what you have experienced so far.
I hope this helps, and good luck!
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