independent drug test

[hipchic]

What is the name of your state?Arizona

I got busted with about a quarter gram of meth . Do I have the right to have the sample tested by a independent lab .I also need to know how much sample is required to actually do a test .Is a quarter gram enough to do four separate tests .I was told that if there is not enough stuff for me to have two independent tests then charges have to be dropped.

Thanks for any info you can give me,
Sherryl

[CdwJava]

Originally Posted by hipchic

What is the name of your state?Arizona

I got busted with about a quarter gram of meth . Do I have the right to have the sample tested by a independent lab .I also need to know how much sample is required to actually do a test .Is a quarter gram enough to do four separate tests .I was told that if there is not enough stuff for me to have two independent tests then charges have to be dropped.

Thanks for any info you can give me,
Sherryl

Your attorney can ask the court about an indepenent test. If it is possible than you can probably pay a few hundred for such a test. Absent that, you will have to raise a challenge regarding the testing procedures and results in the lab where it WAS tested.

How much money do you have? Because it will cost a LOT of $$$ to make that challenge!

If there is simply not a sufficient amount to have tested at the defense's expense, that is not grounds for a dismissal. It's a creative thought, but a non-starter.

- Carl

[gawm]

Originally Posted by CdwJava

How much money do you have? Because it will cost a LOT of $$$ to make that challenge!

she was driving the Lexus, remember?

[CdwJava]

Originally Posted by gawm

she was driving the Lexus, remember?

But how much is left AFTER car payments?

- Carl

[hipchic]

Arizona

Carl,
Are you sure that it would not be dismissed ?Is it my right to have tested?How much is required to do a test?
thanks
Sherryl

[hipchic]

Arizona
Gawn,
Lexus smexus....I dont know how much your freedom is worth to you but i'm willing to pay whatever itwould cost if it would keep me out of jail. Besides I cant drive the damn car if im in jail.

Sherryl

[gawm]

besides i can't drive the damn car if i'm in jail

no, but maybe you can make a license plate for it that isn't fictitious
I'm sorry but i couldn't resist that one. i think you are getting all worked up for nothing. i don't blame you for wanting to stay out of jail. IF this is your first offense, it is mandatory probation thanks to prop 200 a couple of years ago

[CdwJava]

Originally Posted by hipchic

Arizona

Carl,
Are you sure that it would not be dismissed ?Is it my right to have tested?How much is required to do a test?
thanks
Sherryl

Unless the AZ legislature has somehow been using some of the same stuff the cops found, then you do not have a "right" to have it tested if there is none left to test. As I said you can certainly challenge the testing procedures and the results, but that kind of challenge could cost you tens of thousands of dollars in "hired guns" and is still a crap shoot and rarely succeeds unless there is a history of problems at the lab.

Think about it ... if it were the law that if there was insufficient material for a second, independent test, every two-bit doper's attorney would be making that claim to assert that his/her client's rights were violated and dopers would be getting off everywhere.

Ask your attorney what the options are if there is not enough to conduct an independent test. I suspect you will find that it does NOT give you a dismissal even in AZ.

- Carl

[seniorjudge]

Originally Posted by hipchic

...I was told that if there is not enough stuff for me to have two independent tests then charges have to be dropped....

You were told wrong.