Can Randolph DWI attorneys explain when a chemical analysis is necessary for a drug charge? Yes!
The court has written multiple opinions about whether a chemical analysis is needed when proving that a substance is actually the alleged drug. The burden of proving drug possession is placed upon the State and it must be beyond a reasonable doubt. The State must prove that the defendant possessed the controlled substance and that the defendant knew it was the controlled substance.
If you are unsure of whether a chemical analysis should have been done in your drug case, you should not hesitate to contact a Randolph traffic ticket lawyer for more information.
A chemical analysis is generally required unless the State can establish that another way of identifying the controlled substance is sufficient to identify it beyond reasonable doubt. So how do they determine that another method of identification is sufficient? It’s dependent upon the facts of each case. Sometimes the court will allow the state to use an expert witness, but sometimes even that is not required.
For example, the court may accept a witness testimony about the identification of a substance if that witness was an avid user of the drug and has used the batch of drugs in question. Another exception to the general rule of requiring a chemical analysis to prove that the substance is actually the alleged drug, is when the defendant themselves claims that it is. This is determined on a case-by-case basis, depending upon when the defendant said and how they said it.
If you think that one of these exceptions to the rule may apply to your case, you should contact a Randolph DWI lawyer today to discuss all of your options. The Greensboro traffic ticket lawyers at Garrett, Walker, Aycoth and Olson know the requirements of the law and are here to help! Call at 336-379-0539 today.
- Continuing Legal Education Instructor of the Year, North Carolina Bar Association
- Former President, Greensboro Criminal Defense Lawyers Association
- Board Member, Criminal Justice Section, North Carolina Bar Association
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Bring the citation, any DMV letter and your court date.
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539
This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.