QUESTION:
Police had specialist on medication for the amount of medication in a person a time of arrest. Do you have the right to have another specialist that you have hired check the content of medication also
ANSWER:
Yes, you absolutely have that right. Pursuant to California v. Trombetta, you have a right to have evidence preserved so that you and your defense attorney can have it reexamined. You can get a court order to have the agency currently in possession of the blood send a split to the laboratory of your choosing. Blood re-testing is fairly inexpensive, typically costing around $200 for common types of re-tests. Another big plus is that you do not have to give the results of the re-test to the prosecution unless you plan to use those results in the trial. You also have a right to have your own expert witness testify to the significance of the test results.

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