Not every person who is charged with possessing drugs in Massachusetts is guilty. It is possible for someone to be falsely accused even after drug tests pull up positive results. A recent case in Florida shows the problems that faulty preliminary drug tests can cause.
After being pulled over for a traffic violation in Orlando in December 2015, the motorist granted police permission to search his vehicle. The officer then found a white sticky substance on the floor of the man’s car that looked suspiciously like drugs.
The man told the officer that it was glaze from a doughnut he had consumed in the car. However, a preliminary drug test performed by the officer returned two positive results for meth, and the motorist was arrested. He spent 10 hours in jail before being released on a $2,500 bond. When the analysis came back from the lab, it showed that the substance was in fact doughnut glaze just as the man had said.
The prosecutor has since dropped the charges. However, the case isn’t over for the man involved. He filed a lawsuit against the city and the company that makes the drug tests.
Drug possession charges can result in serious consequences. A person who is charged with possessing drugs may want to get help from a criminal defense attorney. If there were problems with the manner in which the stop, search and seizure were performed, an attorney might be able to successfully challenge the evidence and get the case thrown out.