Legal Question in Criminal Law in California
Under the influence of controlled substance H&S 11550 A
I was detained by police, the officer thought I had been drinking, I submitted to a field sobriaty test, with breathalizer and passed it then he said I was under the influence of narcotics, he booked me at a local staqtion and he demanded a urine sample which I submitted to. The officer took the sample out of my pesence with the lid not sealed or even in place, he did not give me a sample and I have no idea what he did with the sample he took. Is that sample admissible in court?
2 Answers from Attorneys
Admissability of Urine Test
Whether or not the urine sample you provided is admissable in court depends on several factors. However, it does not depend on whether the police provided you with a portion of the sample or performed all the procedures in your presense. It does depend upon: 1. whether the police complied with certain collection procedures specified in Title 17 of the Administrative Code and 2. whether the test was otherwise performed in a manner making further analysis scientifically reliable, and 3. whether the police had probable cause to take the urine sample in the first place.The testing of the urine usually consumes only a very small part of the sample. If you question the results, you can have the court order that a portion of the sample be given to an independent lab for analysis (at your expense).Don't take this charge lightly. PC 11550 is a very serious charge with a substantial amount of jail time as a mandatory sentence.
Is a Urine Test Admissable?
The short answer is: YES the sample is admissable.
Have you been changed with "Under the influence"?
If the test is admitted, several issues should be raisedat trial. These include: chain of custody, probable cause, test results etc.
You will need an attorney who is familure with thescience and evidence aspects of this type of case.
Please feel free to contact me if you need more information.============================================================If applicable to this message: "This transmission does not create an attorney-client relationship. I will not be representing anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific legal problem seek the services of a knowledgable attorney in your area or locale."=============================================================
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