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I have a friend on probation who's come up positive on a…

Customer Question
I have a...

I have a friend on probation who's come up positive on a drug test and he has not actually used the substance

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Wondering how or if he can get anotther test to exoonerate himself kansas

Lawyer's Assistant: Have you talked to a lawyer yet?

He has not

Submitted: 6 months ago.Category: Criminal Law
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Answered in 4 minutes by:
11/7/2017
Criminal Lawyer: Law Educator, Esq., Lawyer replied 6 months ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 124,274
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

He would have to challenge the drug test as being invalid, which means he would need to get a hair follicle test, because that test goes back at least 12 months. Him getting a second urine test does no good, because the fact he is clean now does not prove he was clean at the time of the test. If they did a split sample at the time he took the test he can ask for a test on the split sample and it would be sent to an independent lab.

Those are his choices.

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Customer reply replied 6 months ago
Can he get his own hair test?
Criminal Lawyer: Law Educator, Esq., Lawyer replied 6 months ago

Thank you for your reply.

He can get his own hair test at a local DOT certified lab and use the results to appeal the probation violation.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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