Legal Question in Criminal Law in California

apparently,11550viol.h&s code
4mos.ago,my mother was picking up 15yr.old daughter,daughter refused to go with her,while i attended work,ran from her,leaving me to phone police to bring her back,when the officer arrives,he says ''i get tired of parents reporting their kids as runaways and the parent has the problem'',striking me odd,as this was the first time ever calling or ever seeing the officer.He began telling me he had thought i was on cocaine or methamphetimine,as early as this morning,at that time the other officer as well ,said''my eyes arent even dialated''and he responded''in heavy users,thier eyes dont dialate''(how is that?) my mother as well assured him we had hardly left one anothers prescence,for the past two days,and most certainly,not even left her sight since waking,the officers then took me downtown,at which time,i gave a urine sample,with the citation time,is 5:15pm,at 5:33pm,the officer came back and got me and said,'' they were just going to release me''my cell phone records,as well show i called friend for ride from jail,now its been nearly 5mos and i recieve a letter that they have decided to file charges.I have since then found that the chinese tea Ma Haung,contains amphetimines,as well as many other cold products

Asked on 2/26/08, 5:17 am

2 Answers from Attorneys

Jacek W. Lentz Law Offices of Jacek W. Lentz

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Re: apparently,11550viol.h&s code

To prove being under the influence the concentration of the drug in the urine has to be at a certain level. Other things, like the tea, should also be part of your defense. It looks like issues of illegal search and arrest might also be relevant. You need to get a lawyer and have the sample retested. Urine samples are often unreliable in proving the precise concentration of the drug in the blood, which could work in your favor.

Very best to you,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Answered on 2/26/08, 11:19 am

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