Legal Question in Criminal Law in California

Trial (timewaiver)

I am facing--name removed--misdemeanor DUI (driving under influence cns stimulant) I was taking prescribed medication for psuedoephedrine. I tested positive for meth. I have been going to court on this for 2 1/2 months. My court date before last, the public defender told judge they forgot to bring my file, then my last court date, the DA requested more time for further testing of urine sample. Is there--name removed--time frame in which this case must be resolved. Also when I gave them--name removed--urine test the container they gave me has--name removed--substance in it and the cop told me it was--name removed--preservative, when I seen the Lab report It stated that The test was in non compliance because it was not--name removed--DOJ(department of justice ) container. Can they still use this test against me


Asked on 3/27/09, 10:43 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Trial (timewaiver)

You can pull your time waiver, but that may not be your best approach. If there is a question as to the appropriate preservative being in the specimen container, your should request a retest by an independent lab. You should also request a retest to determine whether the meth finding is correct.

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Answered on 4/03/09, 2:01 am


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