I was driving and got pulled over for what the officer said to be bad inspection. I have cerebral palsy which affects my entire left side of my body, officer said I looked tense and was talking slow, I also had a passenger in the vehicle with me which also confirmed to the officer this is the way I speak. He asked me if I was on any meds, I said yes for my back. He asked me to get out of the car to do some field tests, I reminded him again of my condition and how it would be difficult for me to do the tests since the left side of my body is severely affected by my disability. He told me to try which I did, heel to toe, balance, and eye test was performed. I did the heel to toe and balance perfectly, but said I failed the eye test which I don't understand since the meds I’m on do not make my eyes shake and I also have a lazy eye due to my condition which I’m assuming had something to do with myself failing his eye test. The med's I’m on in the paperwork I got from the pharmacy states I can drive after I know how they affect me, I have been on these medications for over 7 years now so I am well aware of how they affect me. I also found online that a lawyer wrote the officer violated the ada act of 1990/08 title 42 by having a disabled person perform field sobriety tests. My bac was 0 and the edr officer had me take a urine test but when I brought the cup back in he went to put the lid on the cup and it slipped off the table dumping out onto the floor, he said he could get enough of it to proceed with the test, said I showed positive for the meds I’m prescribed but wouldn’t the sample be open to contamination for being dropped on the floor? The edr officer did the same field tests as the other officer(between 1-2hrs after my initial arrest) and stated I did fine and was released. This whole situation has me terribly depressed since I only get about 700 a month from ssi/ssd, I can't change how I talk it’s just the way I am and can't change my body due to my disability.
Yes you can. In the police report, the cop will attribute your poor performance on intoxication, not your disability. You need to hire a DUI specialist if you want any chance of getting off on this.
try to get a public defender urine tests mean nearly nothing for impairment there is a decent chance that after showing medical records confirming your status and medications, that your case will be dismissed
Bad cops have charged people with DUI when the person had cerebral Palsy and have gotten away with it some of the time. If the prosecutor hasn't already dismissed the charges and apologized to you, then the prosecutor believes he can convict you and you need a lawyer.
You have a terrific defense, however, you absolutely need a lawyer to assist you. So first, hire a lawyer. Second, get documentation from your doctor's office indicating all that you've written here as it will be necessary to present in court.
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