*Before reading this I should like to add a caviat to my statement. I was the victim of a severe facial/head injury resulting in a concussion and multiple maxiofacial fractures. I don't remember much of the incident at all, save the moment of impact and blurry phases of in and out of conciousness until after I came out of anesthesia from a 4 hour surgery. All of this is what I can gather based on police reports.

I am being charged with a second probation violation in the state of South Dakota. The probation is from a posession of a controlled substance (cocaine) charge that I got about 10 months ago. I had wilfully admitted to my probation officer that I drank alcohol on my graduation (from college) day and after my UA came back clean, they decided to go ahead with the first violation (contrary to what he had said at the time of our meeting). The result was a 5 day sentance. *I was on a bike ride late one friday night (I had recently bought a brand new bike) and collided with an unlit/unmarked barricade that had been erected by the city's parks department (for which I am in the currently in the process of civil litigation). In the emergency room, I apperantly refused a PBT due to the extent of my injuries (jaw broken in several places, several missing teeth, and more) After this refusal, I admitted that I had drank three beers, although there was no attempt to draw blood for a BAC. There is nothing in any of the medical record regarding alcohol or smell of alcohol, just from the officer at the scene. I was transferred to another hospital that had a trauma center capable of providing care. The records from that hospital contain no inference of my use of alcohol. Narcotics were administered by the medical staff at both hospitals for pain. There was no direct loss of consciousness, but the X-rays and CT images as well as photos taken (by relatives) would clearly how the extent of the injury (and the likelyhood of some level of traumatic brain injury).

With that said I have two questions:
First, can my admission to the officer be admitted in liu of my injury (I couldn't even sign a release form for care)?
Second, if the judge will not throw out that testimony, what will be the likely sentance? I would like to point out that, civil litigation set aside, I am uninsured and currently have roughly 30K dollars in hospital bills I am paying off out of pocket as well as two more maxiofacial reconstructive surgeries to undergo (prison would bankrupt me and prevent me from recieving the care I need to rebuild my jaw - It's wired shut right now requiring special dietary care.)