Deposition of Supervisor of Toxicology from Broward County Medical Examiner’s Office
Jurisdiction: Broward County, Florida
Type of Test: Urinalysis (IA, GC/MS, TLC, LC/MS/MS)
Urine Sample Positive for: Zolpidem, Bupropion, Multiple Benzodiazepines and Benzodiazepine Metabolites
Practice Note: In this case, we were asserting the ambien defense. Pay careful attention to pages 14 and 15 of the deposition where the expert talks about derivatizing a sample. In other words enhancing the signal in order to detect a substance that would not otherwise be detected. A urine test is only qualitative so enhancing the signal for a substance that is otherwise under detection thresholds could be an issue the state could exploit to create a positive from a sample that was initially negative.
Result: State reduced the charge to a reckless driving.
Provided by: Michael A. Dye
Website: Fort Lauderdale DUI Attorney