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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111666
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I'm not sure what law this falls under or if there is

Customer Question

I'm not sure what law this falls under or if there is anything that can be done about my situation. I have been going to the methadone clinic for about 6 years now, it's silly but I have a big problem being able to urinate in front of people, so at first when I would need an observed urine they simply would watch on the monster to the camera that is in the bathroom, and the last Time that I had to do one they allowed me to pay for an oral swab, which I was completely ok with and appreciated, I haven't failed a drug test in over four years and I have completely cooperated and done everything asked of me. I am a phase 5 client which is the highest level that they offer. I have been called in for diversion and when I asked about the mouth swab I was told that they weren't gonna allow me to do that this time and I would have to urinate in front of someone or they were taking my take homes away. Is there any law that will protect me from this? Can they take them away simply because they won't allow me to do what I have already done for 5 years? I just don't feel like it would be fair for me to be punished, because they want to change the rules and we have a new director, but the clinic is still owned by the same people. Any advice you can offer would be appreciated.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You would need a court order to allow for a mouth swab or hair follicle test based on your medical condition, which is called "shy bladder" and is a recognized medical condition. If the director will not make some reasonable accommodation for this, you would have to file a motion in court to get an order to permit an alternative testing method.
As you have to go in tomorrow, you need a local attorney to file tomorrow morning for an emergency hearing or you will have to go in and take the test as they are demanding of you I am afraid.

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