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What
makes Varians drug screen findings legally defensible?
In
a word: reliability. Courts of law look for these factors
when reviewing rapid drug test results:
Well designed and manufactured products that deliver consistent
results from test to test and operator to operator
Sound assays that meet or exceed scientifically recognized
performance standards
The test operators understanding and use of test processing
and chain-of-custody protocols
Outcomes that rely the least on the test operator's subjective
interpretation, medical knowledge, or technical skills
Criminal
courts find OnTrak TesTcup® and OnTrak
TesTstik products admissible and reliable
There have been a number of criminal
justice cases discussing Varian, Inc. immunoassay on-site drug tests. The
RD products have been consistently upheld as admissible and reliable.
The two most recent cases involve the Varian, Inc. Ontrak TesTcup and TesTstik
products.
In a Virginia probation revocation
case, the Ontrak TesTcup and TesTstik products were examined by
the court for use as evidence. Dr. Stuart Bogema, an expert on toxicology,
testified as to the accuracy of the tests. He stated that he had
performed studies of the Ontrak TesTcup device using approximately
500 specimens. Some specimens contained drugs and some did not.
He found the Ontrak TesTcup product to be "very reliable"
and he "did not have any false positives for marijuana, cocaine,
and morphine." He also testified there were no false negatives
for cocaine, marijuana, and opiates. The Ontrak TesTstik product
was used to confirm the Ontrak TesTcup device. Dr. Bogema noted
that the tests use the same cut-off detection levels used by the
federal government for testing employees. The court accepted the
tests as evidence. Commonwealth of Virginia vs. Critchley,
Criminal Case No. 28731, Cir. Ct. Prince William County, March 19,
1998.

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