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  1. #1
    Join Date
    May 2012
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    3

    Exclamation Violation of Pretrial Release With Positive Alcohol Test on 24/7 Program

    My question involves criminal law for the state of: SD

    On saturday morning I went in for my daily breathalyzer I blow twice a day and been on them for over 3 months never have been late nor have I blown unclean. So I go into blow last night and they stated I didnt blow clean in the morning so they said to take a seat but in the spur of the moment I left I didnt riun out but walked out no one tried to stop me last night or yesterday morning. I have not had a drink in five months but my court date is tomorrow at 130 pm I have not blown at all today due to the fact that I know they screwed this up. I need some honest advice and opinions on the matter on what may happen at court tomorrow. Thanks!

    PS tomorrow is the hearing on which the judge signs my plea agreement with the state

  2. #2
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    Sep 2005
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    Default Re: Violation of Pretrial Release With Positive Alchol Test on 24/7 Program

    You need to talk to your lawyer.

  3. #3
    Join Date
    May 2012
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    3

    Default Re: Violation of Pretrial Release With Positive Alchol Test on 24/7 Program

    Quote Quoting Mr. Knowitall
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    You need to talk to your lawyer.
    I did email him but no response since it is the weekend.....im going to try and speak with him before court my concern is that the judge wont go for the plea bargain.

  4. #4
    Join Date
    Dec 2011
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    203

    Default Re: Violation of Pretrial Release With Positive Alchol Test on 24/7 Program

    The short version, you screwed up.

    There are all sorts of due process issues though, as like how long did it take them to decide you didn't blow clean? I thought the results are immediate or pretty quick. You should then have been given the option of redoing the test. You should have been given the opportunity to challenge the test, like giving a blood sample for a real test.

    I would argue they violated your rights by not telling you right away and giving you alternative tests. By the time you went back for the second test, it was then too late. They violated your rights.

    Your attorney needs to turn the tables back on the incompetence of the testing procedures and the violation of your rights.

    Twice a day? Never heard anything that crazy.

    You should have immediately called your attorney from the testing location. Dumb dumb. Leaving will tend to show guilty knowledge, but you can chalk it up to panic.

  5. #5
    Join Date
    May 2012
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    3

    Default Re: Violation of Pretrial Release With Positive Alchol Test on 24/7 Program

    Yeah I immediately called him after I left and emailed him.....thats just it no one said anything the morning of. Here we blow twice a day and when I aarived to the evening they stated I didnt blow clean. This is all fishy to me and I know for a fact I didnt drink a sip of alcohol the night before. Yes I did panic but me leavinf wouldnt be for guilt but for the fact I wont go to jail for them not telling me anything that morning any advice on what may happen in court tomorrow?

  6. #6
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    346

    Default Re: Violation of Pretrial Release With Positive Alchol Test on 24/7 Program

    Did they define blow clean to you? Could it mean there was something going on with the test other than registering positive for alcohol. Say an insufficient breath sample?

  7. #7
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    Sep 2005
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    Default Re: Violation of Pretrial Release With Positive Alchol Test on 24/7 Program

    Quote Quoting Conrad Hunter
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    I would argue they violated your rights by not telling you right away and giving you alternative tests. By the time you went back for the second test, it was then too late. They violated your rights.
    I'm not going to speculate about what happened in the morning or what the concern was with the morning's test. But I'm not going to pretend that his rights were violated when, instead of sitting and waiting as instructed, he took off without waiting to hear what they had to say. It's possible that taking off in that manner was a violation of the terms of his pretrial release, even if the positive test could somehow be invalidated.

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