If a toxicologist kit was not sealed properly, the integrity seals were not sealed over the tabs, like the kit instructions clearly state to do so, and the it was not labeled on the front as the USPS states it must say "EXEMPT HUMAN SPECIMEN" on the address side of the box, can it be submissible? The kit instructions are very clear and yet it was accepted anyway. This was for a blood test for a DUI/DUID test and the integrity seals were placed on the outer side of the box on both sides, leaving the tabs fully accessible, plus one of the flaps is sticking up, how can they accept it? They did not follow their own rules of how the kit is supposed to be sealed properly or mailed properly through USPS standards. Yet they did anyway. The integrity seals are so far away from the tabs on both sides, and it was mailed a day later from the hospital from where it was taken, then the lab received it on a Friday and it wasn't touched by the lab until the following Monday. Plus when they took the photographs of the box showing the contents, the paperwork that shows the chain of custody
, was not photographed that was also supposed to be inside the box. They did received it because it's in the full report, but it was not photographed as being inside of the box where the kit instructions show it is supposed to be. They did not follow the instructions. How can it be submissible?? They should have to follow the rules of the kit shouldn't they?? I have photos of the kit to show where the seals were placed and how the flap is sticking up on the box and also a copy of the kit instructions. I take prescription meds and have for 10 to 12 years and they have built up in my system, the doses have not changed. I did not take them the morning the test was taken but they were obviously in my system. According to my doctors,the affects of the meds, especially over this many years, have less and less of an affect and wouldn't even impair me,even to the slightest degree at this point over this many years.I have passed every drug test I have ever taken, I am well below even the therapeutic level but the toxicologist just states I would be severely impaired on the meds I take which my doctors say is just not true. At this point, after so many years, I would actually be 'normal." I am disabled with orthostatic tremor and essential tremor which affects my voice and my disability was mistaken for impairment. I have many specialists with medical records to back up my medical issues and when I get under duress, my tremors get worse, especially my voice, I stutter, repeat, having issues getting my words out and even slur. My orthostatic tremors, I am unable to stand without holding on to something and they go away when I walk or sit down. I was sitting in my car, texting, and talking to the school principal regarding a horrible issue my 11 yr old daughter went through at the school, keys not in ignition and involved a boy in her class and she is not aware of the issues with my voice, just my standing. She called the police and my disability was mistaken for being impaired and it was then way passed the time to take my medication and my tremors only became worse due to that and I was under extreme emotional duress. I was in complete shock that she would call police but know it was in retaliation to me calling the school board on her for not reporting the sexual assault on my daughter that was discovered and reported to the counselor and her at the school. The biggest issue is the fact that the DA is allowing this into evidence when they did not following the policies
and procedures for preparing the kit and the lab accepted it anyway without notating how it was received. My public defender
has basically said, "too bad", they accepted it and are going forward with it and I did all the research as to finding that it was not sealed correctly, no chain of custody included or photographed, and that the laws of the USPS were not followed either. Can they really use this as evidence if they did not follow the clear regulations as notated on the kit regulation instructions?