I was pulled over for an unlit third brake light out. The cop immediately wanted me to do field sobriety tests. I went through them as I wasn't in any way impaired. I passed the breathalizer and she put me under arrest on suspicion of a DWI controlled substance. After researching minnesota procedure I found that a Drug Recognition Expert are the only people who can make that conclusion based on the eye tests and that the procedure for the FST are very specific and the cop absolutely did not follow them and is not herself, a Drug Recognition Expert. When I brought these points up to my court appointed attorney he said he was not going to raise these points for me. Please someone, what do I file and how do I file it? I have to be sure it's done correctly, as these judges are just as corrupt as the attorneys and police. I had demanded my right to a speedy trial, which pissed off the lawyer they gave me immensely. Arrested on July 29, still awaiting my pretrial conference. I'm thinking I file a motion to show cause, any input?

First. You are under contract with the court appointed. Read what he has authority to do based on that contract.
Second. File a grievance, after reading the contract. Grieve those things he agreed to do that he refuses to do.
You may want to add, in the grievance, that you were assisting in your own defense and cite the case law that gave rise to you telling the attorney the officer lacked authority to act on the suspicion.
To grieve, go to the bar association for your state and look for the complaint link. Filing online is easy and the attorney will know immediately and is not allowed to discuss it with you. You will not discuss it with him, its between you and the BAR association.
Third, get information about the officer training by filling an open records request with the city, its online and requires creating an account. Share what you learn with the attorney.

And, do not miss the power of filing a complaint with the city.
Notify the city of the situation, where you were stopped in your travels by one of their employees and you were not informed there was a criminal investigation of your activity. Inform the city that the apparent just cause for the stop was a tail light, explain what the officer made you consent to, and if you were taken straight to jail before seeing a judge, state that as well. You should look for a cause of action like the officer had a duty to enforce the law with the authority granted to them ; they breached the duty by asking you to perform acts outside the limited scope of their authority. You were arrested and if you believe it was with misrepresentation of the facts state them. If you were to have a professional perform the field test, you were deprived of a right under color of law.
State that you are i Jared due to that violation (claims pay o KY on stated injury or death) and state the amount of damages, look for things like lost time, emotional diatress, or other damages on the internet.

This is opinion. I am not a lawyer, just aware of other avenues to pursue the problem

City claim form is online at the city website.
If the attorney didn't give you a contract to know with full disclosure what you agreed to; state that in the BAR greivance.
* Last updated by: VIVIAN1 on 11/3/2020 @ 5:29 PM *

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