Legal Question in Criminal Law in California

11550, false positive test result

I was recently arrested for a scuffle, and after being in custody for approx.

1 1/2hrs, was asked to submit urine sample. (this after learning of a

probabtion for DryReckless plea).

The test came back positive for Meth/ Amp.

I have been taking ephedrine pills, Xenadrine (with MaHuang), Hydroxycut

(with Ephedrine), etc.

I was taking these and various other ''energy pills'' purchased mainly at truck

stops while out on tour. I am a tour manager for various artists.

I had smoked some weed the night before this incident, but DO NOT do

cocaine or meth!!

I had the sample retested, and still positive.

My question is, could a high level of the other things I'd taken, (consistently

for at least 6 months) produce a false positive result for d-meth??

It has been pitched to me that the weed could have been laced, or the pipe

contaminated, but how could I ever prove that?

Thanks for your help

Mike


Asked on 1/13/05, 1:58 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: 11550, false positive test result

If you think their test is NG you always have the right to ask for a "split" (a portion of the sample, which they will still have) and have the sample retested by your own forensic toxicologist. If you have a lawyer he or she will know how to file a motion for a split.

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Answered on 1/13/05, 3:15 pm
Okorie Okorocha California Legal Team

Re: 11550, false positive test result

I am no doctor, nor am I a chemist, but the urine test probably looks for the metobolites of meth, which may be the same as other chemicals you were taking, that are similar in chemical structure to meth.

So, it sounds possible.

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Answered on 1/13/05, 5:09 pm


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