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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26842
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son has been notified that he had a positive reading back

Customer Question

My son has been notified that he had a positive reading back in January in Spokane Washington while he was still in his program of one hour a day for several days a week (not sure of the name of it). It is a false positive as he has not had any alcohol for months now. That morning before blowing into the innerlock he had hot sausages and two cinnamon buns baked by his boss. No way would he jeopardize his position as he had already been in jail and never wante4d to go back. His attorney has told him that it doesn't matter and if he fights it there will definitely be jail time and more relapse hours up to six months. No exception. What can we do?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
Your son's attorney has an obligation to let him know his options and his maximum risk. If after that your son wishes to fight the false positive, it is his right to do so, and whether his attorney thinks that's the best course for him or not, he is obligated to provide your son with the best possible defense he can mount.
Is your son on probation and being violated for the positive or is he attending a specialty court such as Treatment Court?