It sounds like a storyline on sitcom, but it was real life for a 64-year-old man from Orlando, Florida. Daniel Rushing was pulled over in 2015 after volunteering to drive an elderly woman home from church. The initial criminal complaint was failing to stop before entering a roadway. However, when the officer ran Rushing’s licensed and saw that he had a concealed weapons permit, he asked Rushing to get out of the vehicle and then called on several other officers to search the car.
What they found seemed innocent to Rushing: Some crumbs from a glazed donut. However, the officers used a field testing kit on the substance and determined that it was actually crystal methamphetamine. Rushing was arrested and the substance went in for further substance. Eventually rushing was released when it was confirmed that the only thing he was guilty of was leaving a few donut crumbs behind.
This wasn’t the first time a person in Florida went to jail for a harmless substance
Just last year, in 2017, Karlos Cashe, was pulled over and subsequently questioned about the white powder in his car. He told them the truth – that it was drywall dust – but the police found that the field kit test showed it was cocaine. In this case, cashe spent three months in jail before the substance was tested and found to be drywall. The three months this innocent man spent in jail truly highlights how important it is to have a good criminal defense attorney.
What do these cases tell us about field sobriety testing?
This case is terrifying to most people but for those who have long questioned the accuracy of field testing, it raises a lot of questions. Police have said that field test kits are 99% accurate but in both of the above cases, they were indeed flawed. Rushing had the charges dropped against him and was awarded over $37,000. No word yet on whether or not Cashe has considered a lawsuit.
What is known is that these cases are great examples of why officials should certainly reconsider the use of field sobriety and substance tests to be questionable. The companies who make these kits are clear that they should be used for “preliminary testing only” and that they aren’t meant to replace lab testing. So why are so many police departments taking the results so seriously?
There’s no excuse for a man spending three months in jail for doing nothing wrong
These are tragic stories that make any criminal defense attorney want to get involved. If you have been accused falsely of drug crimes, drinking while driving, or any other type of crime, then you deserve to have someone on your side. At Chambers Law Firm, we believe in a rigorous defense for everyone accused. Call us today at 714-760-4088 to find out more about what you can expect from us.
