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Man jailed on false positive seeks damages in court

South Carolina motorists may be interested in a news story involving a false positive roadside drug test that was reported in October. A Florida man who was jailed for 10 hours on a drug possession charge in December 2015 has now filed suit against the city of Orlando and the producer of the drug test kit that the arresting officer employed at the scene.

The man was originally taken into custody when police discovered a white, sticky substance on the floor of his vehicle during a traffic stop for speeding. Although he claimed that the substance was glaze from a doughnut, roadside testing twice confirmed that the sample contained methamphetamine, and the man was detained by authorities at the Orange County jail pending release on a $2,500 bond. Six weeks later, the charges were dropped when a state crime lab determined that the glaze was not a controlled substance.

The man is now seeking justice in the form of damages in the amount of $15,000. He also wants the type of Safariland drug-testing kit that was used during his traffic stop to be taken off the market or fixed. In the lawsuit, he claims that he was "denied medication and placed in jeopardy with no regard to a pre-existing medical condition" during the time that he spent in police custody.

There are reports that false positive roadside test results lead to thousands of wrongful drug-related convictions each year. Motorists who find themselves wrongfully accused following a traffic stop in South Carolina may find it beneficial to seek the help of a criminal defense attorney who has experience with protecting the constitutional rights of drivers who have been in similar situations.

Source: The Huffington Post, "Man Jailed In Doughnut Glaze-Meth Mix-Up Sues City, Drug Test Company," Steven Hoffer, Oct. 25, 2016

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