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  1. #1

    Default Help With My Probation Officer

    I was arrested in 2003, convicted of a felony DWI in May of 2004, and sentenced to five years of probation. I have had a mostly positive two-year experience with probation and gone through all the required mental health evaluations, and impact panels as required. There have been absolutely no violations and I am working very hard to maintain my professional career without a driver's license or the right to leave the county, state, or country, etc, etc.

    My first probation officer was a very professional individual who did their duty by the book and to the letter. After a year of weekly visits with my first probation officer, we had absolutely no problems whatsoever.

    However in June of 2005, I was transferred to a new probation officer that I was informed would be seeing me on a monthly basis. Since the start of my meetings with my new probation officer I have become increasingly concerned about my remaining period due to several factors, starting with:

    1.) Almost every visit for the first six months I would have to remind my probation officer of what my crime was and that no, it was not involving illegal drugs. I would often have to remind her of my name.

    2.) She has repeatedly called me in for "problems" as she describes them over the phone. Twice I have shown up to have here asking me questions about people and issues I know nothing about, only to have her realize she has been looking at the wrong file on her computer screen. Her general reaction is "whoops" as I stare at criminal records of other people. Unless I’m completely out of my mind, this is not good behavior of someone in charge of other people’s lives.

    3.) She has called me with urgent home visit problems several times. In one of the more insane circumstances, she left an urgent message while I was out running errands with a relative of mine. When I returned, I called back immediately and informed her that I was back home. She said she would be over in a few minutes. Upon her arrival she storms into the house, points to the bottle sitting on my cutting board and says, "mind telling me why there's a wine bottle on your counter?" I incredulously look from her to the bottle and say, “you mean the bottle of balsamic vinegar??” She glares at me, storms over to the bottle, picks it up with a flourish, spins the cap off, and (to my disgust) sticks her nose in the bottle. As she glares at me over the bottle, she mumbles, “oh” and puts it back down. As she is walking towards the door, she reaches out for the glass of Pepsi I was drinking and sticks her nose in that. I’m still standing there with my mouth hanging open in disgust and surprise as she pulls out the breathalyzer. I blow absolutely nothing of course, because I HAVEN’T BEEN DRINKING. The final blow to that fine visit comes when she asks me where I was and whom I was with. I inform her it was my sister and she asks me what her phone number is. In a fit of absolute confusion, I give it to her. She picks up my phone and dials the number. My sister is back at work. The probation officer proceeds to ask for my sister and when prompted to identify herself, she responds, “Ellen, (insert my name)’s probation officer.” I am completely shocked. Now people at my sister’s place of business are asking why probation officers are calling her. After the probation officer confirms that I was actually running errands, she leaves with a final comment. “You know, I’m just here to help you.” I am flabbergasted beyond words.

    Another urgent call came a few weeks ago. My probation officer stops by my home at around 9:00AM. I am already off dealing with a busy day. She leaves a message that there is another big problem. I get the message later that day and she has be come to the office at around 7:00PM only to tell me that there was what appeared to her to be a passed out girl on the floor of my living room and signs of disarray which look like a party went on. She brings me back to my house to meet my guests from over seas who had flown in the night before. My associate’s girlfriend stayed sleeping on the air bed in the living room that morning while my friend and I went off to get some work done at my new business location being built. A very awkward situation indeed. So what did she find? NOTHING. Surprise of all surprises, no drugs, no guns, no booze, no terrorists. Her reaction…”you still need to come in and see me on the 17th.” This is said on March 1st.

    There have been a range of other odd suspicions, ranging from “where were you today”, to “why wasn’t your dog barking when I stopped by today” to “why didn’t I see your footprints in the snow”. Usually answered by…”working”…”I don’t know ask the dog”…”because I left the house at 8:00AM as I said, it started snowing at around 10:00Am, and you popped in at 12:00PM…what time does the train reach London?”

    4.) Now the real kicker. My last visit in February, my probation officer grudgingly agrees that she will sign the paperwork for the approval of my license being restored as long as today’s test comes out clean. Afterwards she leads me to the bathroom for my monthly test. (Which she does give every month incidentally) I enter and a male probation officer witnesses the sample being taken. As I sit and wait for the usual results, my probation officer informs me that a new test is starting today and that the results will not be ready for another week…and she will be on vacation next week. I nod with the resignation of someone who is dealing with crazy people. Now the real interesting part comes as I watch her try to figure out which label goes on what and who has to sign where, as well as what top goes on the container and what elements need to be included. She calls another person into the room and they both lean over this mess to try to figure it out. My probation officer then informs me they haven’t had their certification for this test yet, so I’ll just have to wait while they figure it out. The other person she brought in to help says that I do not have to wait. My probation officer says I have to sign something. I AM GETTING REALLY WORRIED AT THIS POINT! This isn’t like an aptitude test, this is my life and I’m watching two very confused people fumble with it. Well, they both slap all the stickers with bar codes and numbers all over the bottle and say, “just put them all on there, more information is better than none.” I am totally freaked out by the lack of professionalism or basic competency at this point. They both assure me that they have made no mistakes.

    5.) The test comes back positive…for alcohol…how convenient.


    So if you’ve made it this far in my ramble, maybe you can be kind enough to suggest a plan of action that doesn’t involve leaving for points unknown with a new name.

    For the record, my probation officer delivered this surprising information with a grin and the assurance that she did not plan to violate me. She did however inform me that she would be conducting more frequent visits and that she would be putting my license approval on hold for “at least a couple of months”. Now take it or leave it as truth, but there was no alcohol in my body when I took that test. I may be a felon, but a moron I am not. I would have had to have a drink before probation that day, or been on a serious binge the day or two prior to come up positive. Why after almost two years of things going relatively fine would one do that? Or is it more likely that this incompetent behavior of the probation officer has somehow created this situation.

    Please do not misconstrue this information as a damning of the system. I understand my crime and I am paying for it daily. This behavior of my new probation officer however does have me deeply worried.

    Thanks for any helpful advice,
    Frustrated Professional Trying To Get His Life Back

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Alcohol Testing

    Do you know specifically which test was used, or which metabolytes they were testing for? Although you state the standard timeframe for conventional testing, apparently there are ways to test for alcohol use over a longer term.

    Quote Quoting Booze tests reveal all about your drinking
    "Ethyl glucuronide, plus the absence of alcohol itself, indicates a potential hangover state," says Wurst. The presence of EtG could show whether drivers or workers who have been involved in an accident were drunk at the time, even if they are not tested until hours or days later. EtG lasts for up to five days in urine, and confirms beyond all doubt that someone has had a drink in that time.

    Another test that looks for phosphatidyl ethanol (PEth) provides an intermediate measure. PEth lasts for up to three weeks in the blood of people who consume more than around three beers a day, or the equivalent. Wurst's team has shown it is a far more reliable indicator than liver enzymes. "We found no false negatives," he says.

  3. #3

    Default Probation Alcohol/Drug Test in New York State

    Previous to my last test in February of 2006. The probation officer was administering a urine test in office with what appeared to be a standard 5-stick dip test.

    Now that the urine samples are being sent out to the lab, I am not sure as to what process they are using. The sample is collected in a standard collection cup and tested for temperature. (This was also a first for me as of February 2006)

    I was subject to a similar lab sent weekly urine test while undergoing the substance abuse evaluation for three months with no positive results. It does however seem that this state has gone from one of the least expensive testing methods to one of the most technilogically advanced and expensive within a very short time. All those new criminals they are creating are paving the way for a brighter future in the violation business.

    I am set to be tested again tomorrow, but I am sure they will not divulge any testing information to a lowely criminal as myself. I will however be paying the utmost attention to exactly what they are doing.

    I am very curious though as to why these officers are allowed to perform as serious a test as this without proper certification.

    As well, I am curious if there is some kind of list of what these officers are and are not allowed to do in regards to randomly calling people I am in business with to question them.

    I do appreciate the information offered though as I prepare to fight this situation.

  4. #4
    Join Date
    May 2006
    Posts
    2

    Default Re: Help With My Probation Officer

    No doubt, it was the ethyl glucuronide (EtG) test that was positive without drinking! You're not alone. I've had my professional license suspended for over a year now, awaiting an administrative hearing, because of a positive. Do you know what the level was? I moderate a Yahoo discussion group on the subject at http://health.groups.yahoo.com/group...lucuronide-EtG. I've been in contact with about 40 others in the same boat, mostly all nurses, doctors, and pharmacists. However, I am also aware of a new, less expensive EtG test that has recently become available which has been predicted to bring EtG testing into the mainstream in probation & parole programs, drug courts, and family courts. Look out! Someone informed me that it is being used in the Schenectady Drug Court and I sent some info to the drug court coordinator, Ron Butler. He thanked me for the info but I'm not aware if it had any impact.

    Stay tuned...I went to a medical conference two weeks ago where they held a workshop on EtG testing and I found out some interesting info on it. I've also been contacted by a reporter from the Wall Street Journal who says he wants to do a story on it. I also got a commitment from SAMHSA that they will be issuing an authoritative advisory on the limitations of EtG testing within the next 3 months.

    And for those who feel it should be easy enough to just eliminate all sources of alcohol from their life--Check out the list of non-food household products at http://householdproducts.nlm.nih.gov...tbl=chem&id=26. Now add in food sources like vanilla extract (in most all desserts), marinades, salad dressings, certain ice creams, vinegar, and overripe fruits. Then consider OTC cough/sleep liquid medications, asthma inhalers, even ethanol-containing gasoline.

    Despite all this information, the labs that offer this test continue to advertise that "EtG is not detectable in urine unless an alcoholic beverage has been consumed". I would love to see an aggressive lawyer take them on in a class action lawsuit for the misery they are putting people through! It's my understanding that the case of SmithKline Beecham Corp. v. Doe (Texas 1995) established the legal duty of labs to warn of potential causes for false positive drug tests. Seems to me the labs have some responsibility to put the test on hold until some questions can be addressed or warn their clients of the problems with "innocent positives" from incidental alcohol exposure.
    Unemployed Pharmacist

  5. #5
    Join Date
    Jul 2006
    Posts
    1

    Default Re: Help With My Probation Officer

    I know how you feel. Boy do I have a story for you. I am a participaint of a Treatment Court in uspstate N.Y. and we frequently are subject to take ETG tests. I know for a fact that these tests are not proof that someone has consumed alcohol. One of the participants three weeks ago tested positive and they sent her to jail she is was 8 1/2 months pregenant. A week after being in jail she gave birth, and the doctor said she had Gestational Diabeties.
    Now even knowing that having this condition could resuslt in a positive ETG , the probation department still violated her and she sits in jail today with a 100,000 bail for 1 DWI charge. I would love to bring this to the public and have something change. I myself have had a false positive hair follice tests, and even though i have 4 tests that proove my innocence they refuse to admit any wrong. Im sorry your going through a tough time. Keep fighting, and go see a doctor to maybe check your liver and or kidney enzymes, it could help you.

  6. #6
    Join Date
    May 2006
    Posts
    2

    Default Re: Help With My Probation Officer

    What is happening in New York drug courts???
    I found this court decision in a NY drug court case recently which states, "Use of the EtG test is approved by Substance Abuse and Mental Health Services Administration of United States Health and Human Services Administration (HHSA)." That is absolutely not true! SAMHSA, in fact, will be reviewing EtG at their September National Advisory Council meeting to attempt to iron out some guidelines for its use.
    Lorie

  7. #7
    Join Date
    Jul 2006
    Posts
    6

    Default Re: Help With My Probation Officer

    I am from NH and have been subjected to ETG also with a disastrous outcome in a custudy false neglect issue..because of innocent positives.I have pretty much been treated as a liar..my child is 16.and I have had no contact for over a year in a half...I am female and older..I would very much like more info on case in NY..I too belong to the ETG yahoo group. It seems to be gaining members everyday and now that this test is being used as it is in the justice system we should all be aware of what it can do.. it is full of insightful people..IT IS NOT A PLACE TO GO TO SEE IF YOU CAN BEAT THE TEST!!!!.there is also 2 blogs that I could reccomend anyone that has do do this ..one is www.convictedinnocent.blogspot.com/ the other is www.ethylglucuronide.innocentpositives

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Help With My Probation Officer

    That second link is not functional.

  9. #9
    Join Date
    Jul 2006
    Posts
    6

    Default Re: Help With My Probation Officer

    [url]www.Ethylglucuronide:Innocent Positives and the yahoo group is called www.Ethylglucuronide:Ethylglucuronide that one has files I hope that helps you may need to type it out the name just changed the other day on our group

  10. #10
    Join Date
    Jul 2006
    Posts
    6

    Default Re: Help With My Probation Officer

    I have just posted this to other organizations we need to bring this to the public fast..way too many people are being abused ..any help would be appreciated...thankx

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