Ineffective Assistance of Counsel in Colorado

I was convicted today,DUI Careless driving (jury trial) and given the max sentence 15 months work release. The whole trial was a joke. The public defender never called an eye witness to the accident. The cop said I was travling at a high rate of speed. The eye witness wrote a police statement stating that I was traveling approx 25-30 mph in a 40 mph zone. That witness if called could have saved the careless driving claim. The public defender never called the Dr and nurse at the hospital who seen me minutes after the cop said that I was impared with all common signs, yet they put in their reports that I was alert, orientated,aware with no slurred speech, bloodshot watery eyes, Totally opposite than what the cop said he observed. These two people were never called. The cop said I refused 4 times for a blood draw, this is not true! He never asked.The only thing asked of me was to provide some urine, which I did. So I did submit to a chemical test when asked, just not what the cop said he asked for.This so called refusal looked really bad to he jury, the public defender did not get this from the hospital records to at least create doubt on the refusal. It was mentioned in the hospital in their reports that I did smell of alcohol but no signs of impairment. The smell of alcohol does not mean that a person is under the influence. You can have a beer and still smell of alcohol hours later. My questions are that sense two witnesses from the hospital were not called who could have said that I showed no signs of impairment at the same time the cop said that there was extreem signs of impairment, and the eye witness who could have said I was not carelessly driving the way the cop said I was, and the chemical test I did provide at the hospital. Could this be enough to file a motion for ineffective assistance of counsel and get a new trial with alternate defense counsel ? And if I do file the motion, how long does the judge have to rule on it and if he hasn't ruled on it by the time i have to turn myself into the work release can he give me a stay untill he decides>What is the name of your state?

You probably need to see a private attorney .... not the free one provided by the state.

The Police Officer has a lot of credibility in these situations. In this case it is you said and the police said .... you did not have much of a chance. You did not mentioned in the post why you were detained. It sounds like you had an accident. Were you drunk? It is also odd that a breathalyzer was not performed at the scene …. Again and accident? The urine sample was for drugs I think and blood for alcohol. Odd that they did not automatically take blood.

Public defenders are badly overworked and probably do the best they can. However, you will not get the same result there that you will with a private attorney. Different price as well. He probably should have called other witnesses and you should have had your own attorney.

Ask your public defender why he did not call the witnesses.