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  1. #1
    shisha8282 is offline Junior Member
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    under the influence charge

    What is the name of your state? california

    my boyfriend was given a citation for under the influence of a contolled substance and is now going to court for the charge. when at the local police station where there took the urine sample from him he did not see the officer seal the container that contained the urine and he also did not sign anything stated that the urine was his. is there a possibilty that he may beat the charge.What is the name of your state?
  2. #2
    AlanShore is offline Member
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    Not that way.
  3. #3
    garrula lingua is offline Senior Member
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    No, bf can't beat the charge based on those non-issues.

    He can, however, avoid the mandatory 90 days in county jail for a H&S 11550 offense, by taking DEJ or Prop 36 (diversion programs - he will have to do a drug program & random testing & pay costs).
  4. #4
    outonbail is offline Senior Member
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    Did the lab report indicate the urine contained traces of a controlled substance?
    If not, he's in good shape.....

    If so, prop 36
  5. #5
    shisha8282 is offline Junior Member
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    the lab did report traces of a controlled substance, however he was not under the influence and had been clean for 3 months. the local police department and there officers here where we live are curupt and dont like my bf for his past. he has had many run ins with them and has even had them plant drugs on him infront of me and my mother. How can he prove he was clean at the time and that the urine used to charge him is not his??
  6. #6
    garrula lingua is offline Senior Member
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    officers here where we live are curupt and dont like my bf for his past. he has had many run ins with them

    Right !!!!
    Your drugged-out bf is, of course, more reliable than the police.
    I'm sure his burned-out memory is more accurate.

    And, bf has many run-ins with the police ? Good. They're doing their job.

    If bf has a past, he's probably burnt his options of DEJ & Prop 36.
    Hello, jail time.
  7. #7
    CdwJava is online now Senior Member
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    Quote Originally Posted by shisha8282
    the lab did report traces of a controlled substance,
    In urine? Uh ... that means he was high recently. There are very few drugs that linger and none of them are likely to result in an arrest for H&S 11550 (under the influence of a controlled substance).

    however he was not under the influence and had been clean for 3 months.
    And you have eyeballed him 24/7 for the entire three months?

    One of the characteristics of users is that they LIE about their use and abuse.

    the local police department and there officers here where we live are curupt and dont like my bf for his past.
    I'm sure that's it. Corrupt officers chasing the criminals.

    he has had many run ins with them and has even had them plant drugs on him infront of me and my mother.
    Of course they did.

    How can he prove he was clean at the time and that the urine used to charge him is not his??
    He probably can't.

    Maybe the boyfriend will get and stay clean in jail.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  8. #8
    Some Random Guy is offline Senior Member
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    Find a local place that does pre-employment drug screening, make an appointment for your bf to get a hair test drug sample. Then, the day of the appointment, tell him about it and suggest that he use that test to try to clear his name.

    $5 says he'll come up with an excuse not to go to the appointment.

    Of course, a private drug test won't clear his name, but at least you will know, like the others here suspect, that your BF hasn't been entirely straight with you.

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