On my toxocology report the police submitted charging me with DUI for THC the lab marked my sex as male when im actually a female does this have any legal bearing on the validity of my test?

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On my toxocology report the police submitted charging me with DUI for THC the lab marked my sex as male when im actually a female does this have any legal bearing on the validity of my test?

My tox screening came back negative for
everything but THC but on all the lab
reports in the sex area its marked male.
Since males females metabolize different
with muscle weight ratios etc. Could this
or should this mistake made by the person
filling out these important results being
used as felony evidence against me be
challanged?

Asked on July 2, 2018 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It MAY be grounds to challenge the report: it depends on the fact. If the technician, etc. used the wrong sex or other physical facts in analyzying the sample, this would invalidate, or at least subsantially weaken, the test and its results. On the other hand, if they did the analsysis correctly but just mistyped on the lab reports, that is irrelevant: the courts will not throw out the test owing to a typographic mistake. The issue  then is what did the tech do, and why does the report have the wrong sex--fundemental error or typo? Since that might be important to you, it is worth pursuing: ideally, even at this late date, hire an attorney to help you, since a lawyer will know far better than you how to get information about and challenge the test procedure and results. If you can't or don't want to get an attorney, then at trial, be sure to question how the lab tech analyszed the sample and whether he/she was aware you were male when he did so (and whether sex does indeed make a difference).


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