Legal Question in Criminal Law in California

Re: violation of section 11550(a)

Good question. If you have facts and evidence that provides an actual defense, you will need to discuss with counsel what to do with it. Or do you think a little anonymous advice here is going to provide you a proper presentation of your defenses at pre-trial or preliminary hearing? Feel free to contact me if serious about getting legal help, if the case is in SoCal.

Re: violation of section 11550(a)

The fact that you weren't under the influence when you were arrested doesn't matter. The prosecutor has to prove only that you were under the influence during some identifiable period of time, which need not include the time of your arrest.

The fact that you were in your home might matter, but only if the police entered illegally. If they had a warrant there is no issue. The same is true if you or someone else with apparent authority let them in, or if you were on probation and your home was subject to searches as a condition of your release. Even if the police entered illegally you may still be stuck, since the drug-test evidence was obtained independently of the illegal entry.

You need to consult with a defense attorney to find out if you have any defenses based on other facts of your case. The few facts you have mentioned seem unlikely to help you.

Good luck.