Legal Question in Criminal Law in California
Is there a difference of being under the influence, and the chemical
to be in your system. The meth. was done two days prior to an officer
taken me downtown and making me take a urine test then drive
me home taken out of my home on a false police report. The effects
of meth last from 8-24 hrs at most, but it stays in your system for 3-5 days
Therefore I was not under the influence but remnants were still in my urine.
Am I right Thank you
2 Answers from Attorneys
You are equivocating and denying that you have a problem. The fact that you plan on defending yourself, by arguing that you know what effects meth has on your body shows that you use it frequently.
I strongly suggest that you get an attorney. The prosecutor will most likely recommend either diversion or the deferred entry of judgment program. I strongly suggest you consider taking it, and complying with the program. Meth ruins your life, and things are just going to get worse for you in the long run.
You seem to believe you can only be convicted if the police actually see you while you are under the influence of drugs. That's not how it works. If the government can prove you were under the influence at or about a particular time before the police found you, that will support a conviction. It sounds like they can do that here, even if the influence had worn off by the time you were tested.
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