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Legal Blog

Roadside Drug Test Kits are Prone to Error

Published: Jan 27, 2017 in Criminal Defense, Drug Crimes

A widely recognized organization known as the Innocence Project claims that anywhere between 40,000 and 100,000 innocent people are incarcerated in the United States. While the types of convictions for these prisoners vary, a significant number have been wrongfully accused of drug crimes. This is in large part due to the war on drugs, which has the goal of incarcerating as many people as possible. Aiding in this effort are faulty roadside drug test kits, which show false positives for a number of substances.

Houston drug lawyer Ned Barnett knows that people are often falsely accused of drug-related crimes. With over 20 years of experience as a defense lawyer, he knows what to expect from the prosecution. With sufficient evidence, he can prove that the drug test administered during your arrest was faulty and that you were actually not under the influence of any illegal substance.

Call (713) 222-6767 to see how you can prove your innocence and avoid spending time behind bars.

Obtaining False Positives

When observing the sheer volume of falsely imprisoned individuals, people often ask: how does law enforcement get away with this? How is the prosecution able to present evidence that they do not have? Unfortunately, the answer is simple. Many police officers use inaccurate roadside drug tests that show false positives. In a study conducted by the Marijuana Policy Project, it was found that a standard roadside drug test kit registered Tylenol PM as cocaine. These faulty tests also claimed that various types of chocolate contained marijuana, powdered sugar tested positive for cocaine, as well as other illicit substances.

While these results are disturbing, the insane reality is that these tests are administered on a daily basis. They are used by police to determine whether or not someone should be thrown in jail. Thankfully, some are beginning to recognize the insanity of using inaccurate field tests to check for illicit substances. The International Association of Chiefs of Police recently released a statement saying that the testing kits were “totally useless.”

Fighting Back

If you have been arrested on drug charges, it is very likely that you were charged based on false evidence. In order to fight your charges and prove your innocence, you need the help of an experienced attorney. A skilled lawyer can conduct an independent investigation into the nature of your arrest. Among other things, they may be able to uncover whether or not your roadside drug test results were a false positive. If this cannot be proven, then it may be possible to show that the police violated your rights during your arrest. In certain situations, if you were not read your Miranda rights your statements are not admissible in court. Similarly, if a police officer searched your home or pulled you over without probable cause, you could have the case thrown out.

Let Ned Barnett Fight for Your Freedom

It is disturbing to think that many police departments knowingly use faulty roadside drug test kits in order to land people in jail. With the potential of a corrupt law enforcement system, you cannot rely on the police or the courts to treat you fairly. In order to protect your rights, you need legal representation that will fight for your best interests and do everything in their power to help you avoid imprisonment.

A Houston DWI and drug crimes lawyer with the Law Offices of Ned Barnett Law has the experience you need from both sides of the courtroom. With time spent as both a prosecutor and a defender, attorney Ned Barnett can anticipate the prosecution’s strategy in order to craft an effective defense.

Call (713) 222-6767 today for a free and confidential consultation to see how your freedom can be defended.