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    deish213's Avatar
    deish213 Posts: 5, Reputation: 1
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    #1

    Jul 31, 2012, 01:23 PM
    Does this count as a probation Violation?
    So I am on 3 years probation about 2 weeks away from my 2 year mark. I have always showed up on time. One of the stipulations of my probation is no driving. However I did get an order from the judge to start the re-licensing process. In order for me to do so, I needed to have another drug and alcohol assessment. I did the first half but wasn't able to complete the second due to a family emergency. However, I may have pissed dirty for weed even after 45 days of no smoking and I was never a heavy smoker at that mayby 1-2 times a week. My probation office and I have a great relationship. Now let me stress, the courts nor my probation officer orderd this alcohol assessment I did this on my own, but when I called in for my monthly check in he said that the facility contacted him and told him I didn't finish. I said is that bad, He just said it doesn't look good. And to contact them. Now let me also stress that I didn't just no show to the assessment I made them fully aware of the situation and am now r/s. I am just a little nervous. If the courts or probation didn't order me to this assessment can they still hold against me? I work everyday, and just go home, I do not party or do anything to get into trouble. I am still very scared since I am so close to being done. As for the weed thing it was only something I did for a month but was so nervous and new it wasn't worth it. I took a home test though and that was positive. Ugh I am Freaked!!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 31, 2012, 01:28 PM
    Quote Originally Posted by deish213 View Post
    So I am on 3 years probation about 2 weeks away from my 2 year mark. I have always showed up on time. One of the stipulations of my probation is no driving. However I did get an order from the judge to start the re-licensing process. In order for me to do so, I needed to have another drug and alcohol assesment. I did the first half but wasn't able to complete the second due to a family emergency. However, I may have pissed dirty for weed even after 45 days of no smoking and I was never a heavy smoker at that mayby 1-2 times a week. My probation office and I have a great relationship. Now let me stress, the courts nor my probation officer orderd this alcohol assesment I did this on my own, but when I called in for my monthly check in he said that the facility contacted him and told him I didn't finish. I said is that bad, He just said it doesn't look good. and to contact them. Now let me also stress that I didn't just no show to the assesment I made them fully aware of the situation and am now r/s. I am just a lil nervous. If the courts or probation didn't order me to this assesment can they still hold against me? I work everyday, and just go home, I do not party or do anything to get into trouble. I am still very scared since I am so close to being done. As for the weed thing it was only something I did for a month but was so nervous and new it wasn't worth it. I took a home test though and that was positive. Ugh I am Freaked!!!

    Home tests are unreliable. Were you on probation for drugs or alcohol or both?

    What does driving have to do with any of this?
    deish213's Avatar
    deish213 Posts: 5, Reputation: 1
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    #3

    Jul 31, 2012, 01:43 PM
    Quote Originally Posted by JudyKayTee View Post
    Home tests are unreliable. Were you on probation for drugs or alcohol or both?

    What does driving have to do with any of this?
    I am on 3 years misdemeanor dwi probation. It was never drugs... and I don't even know if anything was said about results or anything.
    deish213's Avatar
    deish213 Posts: 5, Reputation: 1
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    #4

    Jul 31, 2012, 01:45 PM
    Quote Originally Posted by deish213 View Post
    I am on 3 years misdemeanor dwi probation. It was never drugs... and I don't even know if anything was said about results or anything.
    Probation has never drug tested me, never come to my home or work, or even called me for that matter, I just go in once a month tell them nothing has changed and go about my day.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jul 31, 2012, 02:00 PM
    Quote Originally Posted by deish213 View Post
    ... wasn't able to complete the second due to a family emergency. However, I may have pissed dirty for weed ...
    It's a bit unclear. Did you take a "dirty" test or not. If so, use of weed is a violation of law and thus a violation of your probation.
    deish213's Avatar
    deish213 Posts: 5, Reputation: 1
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    #6

    Jul 31, 2012, 02:04 PM
    Quote Originally Posted by AK lawyer View Post
    It's a bit unclear. Did you take a "dirty" test or not. If so, use of weed is a violation of law and thus a violation of your probation.
    I don't know they didn't tell me at the eval...
    deish213's Avatar
    deish213 Posts: 5, Reputation: 1
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    #7

    Jul 31, 2012, 02:50 PM
    Wouldn't my probation office tell me to come in if I was in trouble when I called?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Jul 31, 2012, 03:40 PM
    If you tested positive for weed, already into year 2 of 3 years probation a dirty urine is going to get you into trouble, most likely revoked but then most likely put back on at the hearing with the judge.

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