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dkennedy
dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6009
Experience:  J.D. degree, 15 years practice
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i am being araigned in court tomorrow for dui and testing positive

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i am being araigned in court tomorrow for dui and testing positive for methamphetamine. i take a high dose of aderall daily as well as xanax. in preliminary hearings my lawyer was unable to get them to drop the charge nor order a detailed gc/ms test to clarify what was a false positive.

feel like i am being screwed and really can't afford a lawyer since i am on disability for depression and complications of HIV/AIDS.

can you provide some guidance here or by phon
thanks bill perkins

dkennedy :

Hello,


 


I'm sorry this is happening to you. When you say arraigned, were you on probation? Otherwise, how is it that you were tested at all?


 

Customer:

no probation....never been arrested in my life


i was reported by another driver for eratic driving and surrounded by police while pouring a cup of coffee at a convenient store.


i told officer i take adderall daily and had taken a xanax earlier that day


he made me do a field sobriety test in the store and announced i was empaired, arrested and taken to a hospital for blood tests.


much sloppiness in procedures with police and hospital not the least of which was them spilling my hiv blood in the exam room after repeated warnings from me to police and hospital tech about my status.


 


reall feel the screws turning and i dont want a dui on my record when there is no criminal issue.

dkennedy :

At the arraignment you plead not guilty and don't say anything else AT ALL!. If you cannot afford a lawyer, at least ask for a public defender for the time being. Then, you need to get some medical information to present with your case at a later date. Don't say anything tomorrow.


 

dkennedy :

You will have plenty of time to prepare your case and it sounds like you have a lot to prepare. Don't ask for a speedy trial because you might have to take depositions from the hospital staff and so on.

Customer:

i will be happy to kep my mouth shut.....was concerned they might try and push me into anothat blood test.


 


to whom should i address my concerns about the false positive and should i attempt to get new tests run.?


 

dkennedy :

You will need to get your own evaluation done by a private lab, or at the very least have an expert testify that this was a false positive due to the adderal and xanax. If you cannot afford that, the state has to pay for the expert and/or the private testing.


 

Customer:

really......so i should pursue a public defender tomorrow


then thru them try to secure backup testimony and proof of error in the process wherever they may be.


 


i really appreciate your assistance. after 58 years on this earth i thought this was a situation that i had successfully dodged.


 


regards, bill perkins

dkennedy :

Adderall is known to test as meth or amphetamines and everyone knows that. You must have had a very unreliable test.

dkennedy :

My best to you and please come back with follow up questions if you have them.


 

Customer:

you can count on it.......and may the gods of jurisprudence look upon you with much favor!


 


bill

dkennedy :

Thanks Bill!

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