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daniela2008
Jul 31, 2008, 05:17 PM
I have someone in my family that is on probation.My family member got in trouble for DUI. Since then, they have been trying to get their life back on track and abiding by all the rules of their probation.My family member went to visit her probation officer like they were scheduled to, so the probation officer issued a random drug test, My family member wasn't worried because they don't take drugs.Anyway the drug test came back positve for cocaine, my family member was in shock and crying because they knew it was wrong, So then my family member wanted another drug test done to claim their innocense and to show that their must have been a mix up or the test is just wrong, but the probation officer didn't want to hear it , she was going to violate my family member.Can a probation officer refuse your request for a drug test if you know for a fact that you do not take drugs?My family member was trying to prove their innocense by requesting a drug test, how can someone accuse you of being guilty of something that you know you did not do, I mean your trying to prove your innocense, how can some refuse you something like that, when you know you are being wrongfully accused? I KNOW FOR A FACT MY FAMILY MEMBER WOULD NEVER DO DRUGS, LET ALONE RISK GOING TO JAIL. FOUR DAYS IN JAIL WAS ENOUGH FOR THEM WHEN THEY WERE ARRESTED FOR THE D.U.I, THEY WERE TRAUMATIZED!What do I do?Do I have to write an affidavit and if so how do I present it to the court, my family member is awaitng trial meanwhile their sitting in jail? I NEED GUIDANCE. PLEASE HELP!

Fr_Chuck
Jul 31, 2008, 05:21 PM
They did a drug test, and no they don't have to give you another one. They are free to go to the hospital or doctor and have their own indepentent one done at that time. Also at this time they need an attorney

And no I don't know what you are going to prove ? And what evidence can you present at a trial to prove they are not guilitty??

progunr
Jul 31, 2008, 05:21 PM
Overall, drug tests are relatively accurate.

There are exceptions to every rule.

The problem with re-testing, is that the amount of time that had passed, could now produce a clean test, and would not really have any impact on the first test results.

Unless your family member has a very good attorney, I'm afraid there really isn't anything you can do.

N0help4u
Jul 31, 2008, 05:21 PM
Was she on any prescription medicines?

excon
Jul 31, 2008, 05:24 PM
Hello daniela:

In my view, she needs a lawyer. The PO's hear the innocent stuff all the time. Even though the drug test was wrong, they're going to believe it. WITHOUT intervention, she's going to be violated.
A HAIR test will prove her innocence, but another urine test won't.

excon