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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 25364
Experience:  10+ years defending Misdemeanor and Felony cases.
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T***, i am on probation and have been accused of not passing

Customer Question

T***, i am on probation and have been accused of not passing 2 ETG tests when I had not been drinking. I had gastric by pass surgery and cannot imagine why they came up positive. I have had them challenged but I do not believe they will come back any different. I don't know what to do
JA: Thanks. Can you give me any more details about your issue?
Customer: DUI on probation. for a year and a half. I was sober for 3 years and had a relapse. I did 30 days for the vi*** and pro****n was re enstated. I have been out of jail since sept. 24th taking U.A.s randomly going to therapy wil***saw a psyc*** on my own to get on medication
JA: OK got it. Last thing — Criminal Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a se*** de**** with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

So your PO is going to violate you? How far apart were these tests given? Just to be clear, you did not have any alcohol at any point, after your previous violation?

Customer: replied 1 year ago.
They were on the 16th and the 21st. No alcohol
Customer: replied 1 year ago.
she will if the tests i asked to have challenged come back positive again
Expert:  CrimDefense replied 1 year ago.

Thank you for the additional information. The fact that two tests have returned and show alcohol in your system, makes it a difficult violation to challenge. I say this because while there can be one false positive, for another test to be given 5 days later and reveal the same results, certainly raises a red flag, in the eyes of your PO and the Court. If you did not consume an alcohol, you want to speak with your doctor and see if any medication you may be on or anything which you are consuming, under their care, could possible result in this false positive and cause the test to result and show alcohol in your system. If the doctor can present and show that there is something which you are taking that could cause this, as a result of your surgery, it would explain why there are two violations for the same thing, 5 days apart. There needs to be a reasonable explanation presented, or else the court is going to find there to be a violation, even if you testify that you had not been drinking.

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Expert:  CrimDefense replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!