Can Greensboro 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 Greensboro 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 Greensboro DWI lawyer today to discuss all of your options. The Greensboro traffic ticket lawyers at Garrett, Walker, Aycoth and Olsen know the requirements of the law and are here to help! Call at 336-379-0539 today.