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Nate
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Category: Criminal Law
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Experience:  Over 10 years of criminal defense practice.
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If your on probation & you have to submit a drug test (urine)

Customer Question

If your on probation & you have to submit a drug test (urine) & you know your clean but the test came back positive for cocaine what steps should be taken to prove your innoncence to avoid additional probation or jail time when your probation officer is trying to violate you
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Nate replied 2 years ago.
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.

What other medications were you taking within a couple weeks of being tested?
Customer: replied 2 years ago.
Cold&sinus medication over the counter
Expert:  Nate replied 2 years ago.
That shouldn't have done it. The main causes for a false negative for cocaine are liver and kidney disease, those who have diabetes and taking amoxicillin or consuming tonic water.

I am presuming this was one of those "quicky" tests using a stick. If it was, you need to ask that the sample be sent to an actual lab. An actual lab test can determine whether in fact there was cocaine in your sample. If this is already from a lab test, you would have to determine whether or not your sample was properly handled and not the product of someone else. Your lawyer can help determine that.
Customer: replied 2 years ago.
I did have a few vodka tonics over the weekend b/c it was St.patties day... Could that have done it?
Expert:  Nate replied 2 years ago.
Yes! Tonic water definitely could have caused it. A full lab test will come back clean.
Customer: replied 2 years ago.
The test was sent out to a lab in Virginia from ga... I took the test on 3/19 & Judy received the news of failing that test yesterday...so what do I do now? I didn't use cocaine but I did drink vodka tonics in my home... How do I get passed the violation for cocaine use when I know I didn't do it? How can I prove that something was messed up upon transportation & results of the test?
Expert:  Nate replied 2 years ago.
False positives don't come from labs, so the tonic water isn't the culprit. You need to retain an attorney to investigate the chain of custody of the sample. That is truly your only defense here because there is simply no way to test positive from cocaine with a lab test unless it was consumed.
Customer: replied 2 years ago.
For someone who doesn't use the drug but yet has been accused of it.... Out of curiosity how long does it stay in your system & how far back can a urine test go to test for things? I take herbal vitamins everyday so that should have shown up in my system right? & if the test doesn't show all the vitamins in my system I take is that a good way to prove the test was somehow not mine & that they mixed my results w/ someone else's? How long does it normally take to get tests back & would it help if I offer to d
Take another test on the spot?
Expert:  Nate replied 2 years ago.
Doing your own test is a good idea. The tests only typically test for certain things. It's not a complete blood test - it's normally the standard five categories of controlled substances (opiates, benzos, THC, PCP and amphetamines). Some also test specifically for other drugs, but none are what you would consider a complete blood work up.

As a rule, depending on how much was consumed, cocaine can stay in your system for a period of 2 to 4 days in a urine test, though sometimes that can be a little longer or a little shorter. If you are absolutely positive you haven't used it at all, or it's been at least a year, a hair follicle test would conclusively prove you never used it.
Customer: replied 2 years ago.
So I can schedule an appt w/ my doctor to have a test done & those results can accord to the fact that I was clean?
Expert:  Nate replied 2 years ago.
Your own test gives you a fighting chance. It won't necessarily prove you were clean on the day you were tested unless it is a hair follicle test.
Customer: replied 2 years ago.
What exactly is a hair follical test? How is it done & what do they tell from it...& what if I dye my hair is it still good?
Expert:  Nate replied 2 years ago.
Your hair is a record of everything you have consumed since it has grown from your head. It goes back a long way because hair grows slowly. Your doctor can recommend a lab to do that sort of test for you. That you dye your hair doesn't affect the test.
Customer: replied 2 years ago.
Ok...
Expert:  Nate replied 2 years ago.
Good luck. Contact your doctor and lawyer and go from there. Please do remember to click Accept so that I get credit for assisting you.

Thanks!
Nate

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