Yes, they probably should have gone through the doctor first - and I think it's likely it will get thrown out because the court only allowed him the drugs based on his prescription (unless they did bring something from a doctor and the article didn't mention it). However that doesn't mean it isn't a valid point. He's supposed to have 3-4 a day, so one every 4-5 hours, and if he's in court 9-5 then at the latter part of the day the effects will have worn off. It's entirely reasonable to tell the court that he can't follow his prescription properly.