Q: Is a presumptive positive tox screen that reveals prescribed Diazepam admissible in a personal injury trial?
A:
A Texas attorney could answer your question best, but it remains open for four weeks. My understanding that the drug is similar to valium. As a GENERAL matter for admissibility purposes, a judge would probably consider factors that included who it was in the lawsuit that was using it, whether they had a valid prescription, dosage, whether the use of the drug was relevant in the outcome of the matter (the probative value vs. prejudicial risk), validity of the screening according to test and lab protocols, credentials of testers and lab personnel, among other factors. But these are general factors; you should consult with a Texas attorney who could advise you much more meaningfully on something that would involve Texas rules of evidence (or Fed exceptions). Good luck
Tim Akpinar
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