Q: i was not informed of chemical test.
After being in a traffic accident I respectfully told the officer that I didn’t want to take breathalyzer because I am under doctor’s care and was afraid my med. Xanax would register. I only take it at night before bed. I was arrested after a field sobriety test. Then the officer took me to the hospital when I asked why he said just to check me out. No one ever informed me of my rights to a chemical test that I would gladly have taken due to its accuracy. I’m requesting the officer’s video recording of the arrest to prove I wasn’t informed but I’m practically representing myself. The state court defender refused to subpoena anything. My question is if he took me to the hospital wouldn’t that mean I had a serious injury? And the accident was 9/18/18 is it too late for a hearing? Pretrial was 2 weeks ago and I refused to sign anything and was given instructions to go to Mental Health Court. What the hell is that? I have to do all this myself.
A: Yes the fact that you were transported to the hospital indicates that you sustained serious injury. The fact that the accident was 9/18/18 is not too late for a hearing. However, i am concerned and you should also be concerned about being referred to Mental Health Court. However, you don't have to do it by yourself, matter of fact you shouldn't. Seek private counsel and if you can't afford one please sign up for the public defender. If you proceed by yourself and something unfavorable happens it is very difficult to undo or change.
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