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  1. #1
    Join Date
    Jan 2008
    Posts
    7

    Default Can Judge Order Drug Tests For Non-Drug Related Conviction

    well everybody, here's the deal. about a year ago, i listened to a friend who i no longer hang around with, and i let him influence me into lifting up a parking gate, and breaking it. on the way down, we got arrested. i am a very strong believer in taking responsibility for your actions, which have done. here is the problem though. i got charged with criminal damaging. i talk to the supervisor of the parking structure and he said that the damage was estimated at about one hundred dollars. my crime was in no way drug or alcohol related, i am NOT an abuser. the judge sentenced me to 4 days in jail, with 86 days days still hanging over my head, and to one year active probation, with a breathalyzer and urine test every week. she also recommended a substance abuse screening, a 2 hour long interview. now i don't get in trouble, at all. i am not a menace to society in any way, and have no prior convictions other than a failure to comply from a couple years ago. i must reiterate my crime was in NO way drug or alcohol related. i don't mind going in for tests, but every single week is very menacing including the parking fees. i feel like an animal having somebody watch me piss, and i can never shrug the feeling that i do not belong there. my question is this: is it lawful for the judge to sentence me to this much drug and alcohol assessment, even though my crime wasn't related in the slightest bit? i have read up on the fourth amendment somewhat, and it seems as though my particular case would not warrant this degree of screening.

    here is one of the links that i read up on : http://www.lectlaw.com/def/f081.htm

    any information would be helpful, because i feel that if i forget to go to my probation officer, which is very easy since a week really flies by, that the judge will sentence me to my remaining 86 days n jail, for lifting up a parking gate. thank you in advance, john.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can Judge Order Drug Tests For Non-Drug Related Conviction

    John, what does your attorney say about this? You are consulting an attorney, right? If you're not, you should be.

    I've looked at the General Terms of Probation for a few states, and all of them mention periodic drug testing as a condition of probation. Refuse or miss a test, and back to the pokey you go.

    DON'T forget to visit your probation officer, and for the love of Mike, get a lawyer. This DOES sound excessive to my untrained self, but may well be the legal SOP where you are.

  3. #3
    Join Date
    Jan 2008
    Posts
    7

    Default Re: Can Judge Order Drug Tests For Non-Drug Related Conviction

    sorry, state is ohio. cleveland to be exact. i did not have a private attorney at the time, only the public defender. if its legal im totally cool with that, i did the crime i pay the time. when the sentence was handed she didnt say a peep, so i guess you cant really consider that as "consulting"

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