I'd definitely fight it. Hopefully you have an attorney if the trial is coming up.
Attorney David Kephart is an experienced Criminal Defense Trial Attorney and Jury Consultant. He is the recipient of the Arizona Attorneys for Criminal Justice President's Award and the recipient of the International Academy of Trial Lawyers Commendation for Excellence in Trial Advocacy. His response to your question is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship, and does not create a right to continuing email exchanges.
While this defense sounds unreasonable to the public, I have used it successfully before. I can't advise what you should do without knowing all the details of your case. Good luck.
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