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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23530
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I missed my pbt this morning . But I went to the local police

Customer Question

I missed my pbt this morning . But I went to the local police station 1hr and a half later and took a pbt there. Can I do a etg at jams when they open at 6:30am it goes back 80hrs?
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Submitted: 7 months ago.
Category: Criminal Law
Customer: replied 7 months ago.
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Expert:  Zoey_ JD replied 7 months ago.
Hello, In what US state are you? Are you concerned whether your probation officer is going to violate you?
Customer: replied 7 months ago.
Michigan yes I'm concerned she will violate me .
Customer: replied 7 months ago.
Will a etg save me it should tell it all. I had car trouble. I wasn't drinking. That's the difference. I want them to recognize that I'm honest
Expert:  Zoey_ JD replied 7 months ago.
Thank you. In my experience, probation takes a failure to report for a test as if it were a positive, and your PO may be required to lodge a violation. However, if they do, you'd get a hearing as to that, and unless you've been in trouble with probation several times before, this is not the kind of violation that will get your probation revoked and end up with you doing jail time. At your hearing you would be able to establish that you had car difficulty and as soon as you were mobile went directly to the police station where they tested you and you got passing results. Even if your PO would not be thrilled that you missed your appointment, you did everything you possibly cou ld at that time to establish you had not been drinking. I'm confident you won't be in any serious trouble. You should show up tomorrow and try to see your PO and offer to test again. Bring the results of the police test so that he or she will understand. Again, your PO may still be required to write you up, but I believe that at a hearing the judge would respect that you put yourself in harm's way by going to the police and asking for a test because you missed your probation appointment. I think that shows character and I'm sure that if you have a lawyer at any violation hearing, he would feel the same. If you're worried about whether she will have you arrested tomorrow, the answer is almost certainly not. It takes time and paperwork for the violation to be processed. By coming in immediately and voluntarily, showing the test and asking to be tested again, you should be able to remain at liberty.
Customer: replied 7 months ago.
What about the etg . What will that prove if I went within 24HRs like 6am. It clearly shows I wasn't drinking. It goes back 3 days
Customer: replied 7 months ago.
Will I do jail time ? If the results are zero
Expert:  Zoey_ JD replied 7 months ago.
In my experience you will not do jail time under these circumstances. You should see your probation officer first thing Monday though.