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View Full Version : Can Maryland PO perform drug test unless specified in probation terms?


Audiofreak09
Jan 25, 2014, 03:26 PM
My terms do not state there will be any drug testing. As long as I don't pick up any charges and I don't show up stinking like bud. They can't test because the judge did not order any testing. Am I correct? Its only supervised probation until I complete a alcohol class. For a DUI by the way. They didn't get a reading on me.

Fr_Chuck
Jan 25, 2014, 08:34 PM
LOL, of course they can test. And most likely will. Most PO departments it is standard procedure within their department. There are 1000s of rules of probation, that you did not hear the judge say.

odinn7
Jan 25, 2014, 09:30 PM
And let me add...if you're on probation for a DUI and you're in an alcohol program...sure they're going to test you.

Audiofreak09
Jan 26, 2014, 06:00 AM
Man is there someone who actually knows the law that can help me.. maybe a PO.You guys don't know even know what you're talking about.. my class doesn't even drug test.I read from several POs that in Maryland.. . they can't drug test unless the judge orders it.due to budget restrictions and POs have so many cases here in Rockville that they don't do things to probationers that's not court ordered due to the soooo many cases they have.. it took me almost 7months to go before a Judge for dui.im not saying they CAN'T but it more than likely they won't. . My friend had a dui with the same conditions and never got tested. Does anyone have a clue? Thanks

Fr_Chuck
Jan 26, 2014, 07:10 AM
sorry, I am a retired law enforcement officer, worked as a PO, worked in the Justice Department. Graduate of FLETC, Georgia Law Enforcement academy.

You seem sort of attacking others, that try and tell you what happens in real life.
since it is not the answer you want, you attack the people helping.

Testing is routine and normal. Often at least on the last visit if not on others. In some it is done random each week by computer draw.

It will be up to your PO and their specific funding and rule. Yes of course they can do it.

You will find with an attitude you will never get further help from experts who do know what they are talking about.
And if you talk that way in court or to the PO, expect PO to try and find issues with you.

talaniman
Jan 26, 2014, 07:14 AM
PO's have the power to drug test all and any defendant for drug and alcohol when they have charges related to drug or alcohol offenses. The judge doesn't set the standards or procedures to probation. The probation office does. Yes they have full authority to test you. Did you get your license suspended or revoked? This too is a major factor for testing. Any moving violation under the influence is subject to testing as a condition of probation.

Audiofreak09
Jan 26, 2014, 08:15 AM
How about hearing from an actual Maryland PO. RockVille preferably

talaniman
Jan 26, 2014, 08:29 AM
Make a call then, because the chance one being on this forum or even reading your question is very small.

MD Department of Public Safety and Correctional Services (http://www.dpscs.state.md.us/rehabservs/offenders.shtml)

MD Department of Public Safety and Correctional Services (http://www.dpscs.state.md.us/rehabservs/dpp/ddmp.shtml)


The Division of Parole and Probation administers two distinct supervision/monitoring entities - criminal supervision and the Drinking Driver Monitor Program (DDMP). DDMP was created in 1984 to ensure abstinence and treatment of DUI and DWI offenders in order to enhance road safety. While initially operated by the Motor Vehicle Administration (MVA) and the Department of Health and Mental Hygiene, DPP began managing DDMP in 1986.
The program provides an effective way to deal with the problems associated with offenders who operate motor vehicles while either intoxicated or while their abilities are impaired by alcohol. It is designed to maximize monitoring and reporting to gain compliance with court-ordered treatment or education. Offenders are referred to DDMP by the courts (96.4 percent), or by MVA's Medical Advisory Board.
The program also monitors offender attendance at community treatment programs as well as compliance with the terms of probation. Drinking driver monitors are responsible for monitoring offenders, conducting breathalyzer tests of offenders, interacting with other criminal justice agencies in the community, confirming offender attendance at treatment or self-help meetings, verifying employment, collecting supervision fees and restitution and enforcing any other court-ordered conditions of probation. If the offender is a problem drinker, monitors identify relapse factors and proactively recommend and coordinate intervention strategies aimed at relapse prevention.
In addition, drinking driver monitors supply the courts and MVA with information essential to making a determination to initiate:


Violation of probation court proceedings or administrative hearings;
Modification of special conditions of supervision, and
Offender entry into inpatient treatment based on information from treatment providers and observation and documentation by the monitor.

odinn7
Jan 26, 2014, 11:22 AM
How about hearing from an actual Maryland PO. RockVille preferably

Call one and ask.


You know all the answers so why ask us? Do what you want, law school grad.