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Faulty drug test could lead to invalid charges of drug crimes

| Nov 7, 2018 | Drug Possession |

Both state and federal laws take a strong stance against the use and possession of illicit drugs, and Georgia readers know individuals convicted of this type of crime can face extensive time in jail. Charges related to drug crimes are serious, and they can affect a person’s freedom and his or her future interests. Unfortunately, there may be some across the state who are facing these charges for a specific invalid reason — a faulty drug test.

There is a specific type of kit widely used by law enforcement to determine whether or not a driver is under the influence of drugs or has drugs in his or her possession. However, a recent investigation in the use of this specific tool found that it has been wrong, not just once, but well over one hundred times. This means there are people facing various types of drug charges and are in jail who were not actually under the influence of drugs or had drugs in their possession at the time of their arrest.

This test has proven to be problematic, and the manufacturer also cautions users to compare this test result to lab test results. Lab tests can take a long time, and in the meantime, people in Georgia could be jailed and charged for results to a test that is not accurate or consistent. In fact, there have been cases where the test was positive for illicit drugs when the substance in question was actually cleaning supplies, packing material and other benign substances.

If a person is facing charges after an arrest on the basis of a chemical test in the field, it can be beneficial to seek defense counsel immediately. It is possible the test was wrong, which makes the criminal charges invalid. Regardless of the circumstances of an arrest, an individual facing allegations of drug crimes would be wise to move quickly to develop an effective defense strategy.

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