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I am 19 and I am currently being drug tested randomly as part

of a conditional discharge for...
I am 19 and I am currently being drug tested randomly as part of a conditional discharge for simple possession of marijuana. I recently received my first test and was given a copy by Labcorp of what I was tested for to sign off on. The release form is for a 5 panel instant test. My question is whether or not the DA can call and add to the test without my prior knowledge. My main concern is money, however I would like to know if she can add an ETG test for alcohol. If I am paying for it, I would be surprised to learn that she added something to the test which I was not notified of and did not sign for.
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Answered in 4 minutes by:
9/13/2013
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,867
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
Kirk Adams : The DA can't request anything other than what the court order/terms of your conditional discharge are.
Kirk Adams : So, if your court order requires a 5 panel test, that is all that should be done.
Kirk Adams : In order for the DA to seek more testing, she should have to get a court order.
Customer:

thank you for responding. The initial terms of the discharge state that i could be tested for alcohol because i am underage. however the form from the testing center as well as the release form for the court have both stated exclusively the 5 panel.

Kirk Adams : Whatever the court order says is what authority the DA has.
Customer:

hmm well thank you Mr. Adams

Kirk Adams : If it provides that you can be alcohol tested, then you can be - - but it would likely be a different test and you'd be notified of such.
Kirk Adams : No problem! Thanks for letting me assist. It's not likely that you'd be alcohol tested because you didn't have an alcohol charge, but if it's possible if the order provides the DA with the ability to do so.
Customer:

Yes that was my initial understanding. I would just be shocked to have it violate my probation considering it was unrelated. Plus it is my understanding that you can drink at 18 in a private setting in south carolina.

Customer:

So it would be very weird to test for it. Plus i don't want to pay for it.

Kirk Adams : Yes, it would be unusual considering the charge.
Customer:

well thank you very much youve been really helpful

Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,867
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Customer reply replied 4 years ago

Hey Kirk, yes you were very helpful my main question now is whether or not labcorp can perform etg tests for use in court. Urine alcohol testing is one thing but the etg test isn't recommended by samsha

That would be up to the judge. He/she is generally the gatekeeper to determine the qualifications of any company perform these types of tests.
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Roger
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,867
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Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

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