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Probation Violation for a Failed Drug Test

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  • 02-09-2015, 03:56 PM
    roxyred17
    Probation Violation for a Failed Drug Test
    My question involves criminal law for the state of: Tennessee.
    I have been on federal probation for 3 years and my end date is march 15th. I am also on county probation for another 6 months and recently failed a drug test with a false positive for THC. I do not smoke never have. My county probation officer refused to give me another test to prove I was correct on the false positive part. She will be violating me on Friday for the failed drug test. When she violates me on Friday will this effect my release date of my federal probation if I have not went to court for this violation by the end of my probation period with the federal government. Because I will be taking this to court to prove it was indeed a false positive.
  • 02-09-2015, 04:46 PM
    Who'sThatGuy
    Re: Probation
    There're a few things that can give a false positive in a drug test for THC. One of them are Ibuprofen. My experience: Somehow I tweeked my back and the doctor gave me a prescription for 800 MG Ibuprofen, I took three pills per day for three days. On the fourth day I took an 800 MG tab of Ibuprofen before reporting to work. A few hours into my work day I was notified that I needed to take a random drug test. I said, I want to see if I can get that false positive so I took one more 800 MG pill. I drove to my works clinic and after an hour or so I was called for the test. I never heard anything from the Medical Review Officer so I guess I never gave that F/P test.

    If you gave a F/P, I would have to say you must have ate whatever you were taking for breakfast, lunch and dinner for several weeks. Probation Officers and Judges hear about F/P all the time and don't believe any of them. Good Luck.

    Your county PO will notify your Federal PO, hopefully after you do?
  • 02-09-2015, 05:26 PM
    Mr. Knowitall
    Re: Probation
    It is unlikely that a probation department is going to be using the sort of home test kit that would be confounded by ibuprofen.

    If you have a false positive, one option is to head right over to a hospital or clinic and get your own, independent toxicology screen to demonstrate that you had not used the substance at issue. Even that's not a perfect solution. You should talk to your lawyer about how receptive the court might be to an independent drug test, perhaps a hair test.
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