Yes, you should get an attorney and fight the ticket or see if you can get it reduced. Obviously the fact that it was upgraded from a petty to a misdemeanor means someone deemed it more serious. Misdemeanors are criminal and should be dealt with seriously.
Fight it! Especially if there is no driving behavior. I assume the officer could not see your pupils. The prosecutor is usually allowed to amend or even dismiss and reissue additional charges freely before jeopardy attaches at trial. He is trying to bully you into a plea to the earlier petty. Call his bluff.
The facts you've described wouldn't convict you of either crime. Don't plead to either. Push the matter to trial. I would suggest you ge an attorney to assist you.
Hello. I urge you to have attorney counsel and representation in challenging this citation. You are facing a charge with serious repercussions. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.
Call 612-296-9666 for a consultation: TRAFFIC Law, CRIMINAL DEFENSE, Rule 14 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 EVERY DAY OF THE YEAR until 8 p.m. daily. See www.dwyerlawfirm.net Tricia Dwyer, Esq. & Assoc. PLLC