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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15941
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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An aquaintance has a son who was pulled over for a traffic

Resolved Question:

An aquaintance has a son who was pulled over for a traffic stop and police found one joint in his car. He went to court and was ordered to pay a fine and attend a school. He has had to go in every so often for a drug test over the last year and each time he tests positive yet he swears he's clean. Right before his last test, he bought a kit himself and tested himself and it was negative yet the one they did came back positive. He asked to see the results of his test and they refused to show him. He can't afford an attorney and can't afford all these fines, what can he do?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 9 months ago.
Hi,

My name is XXXXX XXXXX X am a criminal lawyer.

The court is not going to believe a home test over their own supervised drug test. But when I have had clients who have insisted that the test has to be wrong, some courts will allow them an immediate retest. Otherwise, I have had a few clients who went right from court and took themselves to a credible and reputable drug testing lab in the area and paid for their own retest. When it did show that the person was negative, the court accepted the results. The key to this is the retest has to be on the same day as the positive, and it has to be a lab that the court knows about and respects.

Good luck!
Customer: replied 9 months ago.
How can you just walk into a lab and be tested ?? Also doesnt the person have a right to see the results ?? The judge refuses to show them
Expert:  Zoey_ JD replied 9 months ago.
Hi,

I don't know the protocol of drug testing labs in your community. Perhaps one of the doctors in our drug testing category can tell you that. I can only tell you that I have had clients come back from paying for their own drug tests with certified lab results showint they were clean and have thus avoided being sanctioned by the court.

As for whether he has a right to see the results of the drug test, I would say that if the tests were the basis of a violation of his conditions, he should be able to challenge the evidence against him. But the best way to challenge them is to retest successfully.
Customer: replied 9 months ago.
I understand the retesting but is there something he could file that would make them show his results ?
Expert:  Zoey_ JD replied 9 months ago.
Hi,

This person can contact his lawyer, who could possibly get the judge to yield and show the test result to him.




Customer: replied 9 months ago.
The biggest problem is that he cant afford a lawyer ! Is there something a person can file himself ?
Expert:  Zoey_ JD replied 9 months ago.
He would have to draft a petition, file it with the court and serve a copy on the prosecutor. There's no template for this sort of thing, because as a sentenced offender he doesn't automatically have a right to see these unless arguably, they were the basis of a violation and of a revoking of his supervision.
Customer: replied 9 months ago.
They are making him pay more money and attend more classes because of it
Expert:  Zoey_ JD replied 9 months ago.
Sorry for the delay. I had to eat my dinner.

Yes, it is typical that when there are positives the result would be more classes and, for that matter, more random tests. The big problem is that marijuana can last a very long time in a person's system, especially if he was a regular user. So courts make certain accommodations for that rather than just dismissing someone from a program. But sooner or later he's expected to test clean. So we're back to challenging the test results.

Just saying, "but I didn't use" won't do it, which is why, if he is really clean, asking for a retest will get him much further than looking at the test results.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15941
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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