Transmetron provides Court Admissible Drug Testing Results
Some situations require court admissible results. This means that the results of the tests are required in a court of law as evidence. For a test to be admissible in court, tests and results must be handled according to certain legal procedures provided by one of our local testing labs.
First Step - You must establish a chain of custody.
Second Step - You must establish the accuracy and reliability of the drug test technology and procedures.
Drug Test Results as Evidence
In order to establish that there is a proper chain of custody the proponent of the evidence must demonstrate each of the following:
1. The specimen was taken by an authorized person using proper procedures and equipment;
2. The specimen was properly labeled and preserved;
3. That care and transportation of specimen were proper;
4. The identity of the persons processing the specimen must be established so that the opposing party has the opportunity to inquire about the procedure and care used.
Ultimately the court decides whether the proponent has established a proper foundation and chain of custody. If there are items that are susceptible to alteration by tampering or contamination, the court should consider the following:
1. The nature of the article;
2. The circumstances surrounding its custody and
3. The likelihood of tampering.
In order to establish the accuracy and reliability of the drug test, the proponent must demonstrate:
1. That the person performing the analysis was qualified to do so;
2. That the testing procedure is one that is accurate and reliable and was properly followed and
3. The equipment used was working at the time of the test.