Legal Question in Criminal Law in Massachusetts

drug test?

i recently got cought smoking marajuana in my car by a police man, however he did not arrest me because i was honest with him. i have a court date concerning a broken headlight and minor possesion.

because i was not arrested, im not sure if i am going to have to take a drug test.

will i have to take a drug test?


Asked on 5/24/00, 5:05 pm

2 Answers from Attorneys
Thomas Workman Law Offices of Thomas Workman

Re: drug test?

If you are currently on probation, and one of the conditions of your probation is that you remain drug free and submit to random screens, then the answer is probably "yes". If you are not on probation, then probably "no". (What relevance would a drug test have, since the policeman observed you smoking marijuana, and could testify to that fact). If you are on probation and fail a drug test, you can be violated, and do a sentence. The drug tests detect usage from days or weeks in the past, not hours -- so refraining for a day or two before you take a test will not result in a pass for most people.

A minor in possession charge has both court and driver license consequences. You should get a lawyer to represent you, or if you cannot afford one, you can get a court appointed attorney.

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Answered on 7/05/00, 11:10 am
Chester V. Shea III Law Offices of C.V.Shea III

Re: drug test?

Depending on the disposion but it appears unlikely. You could be placed on probation, depending on your record, and then you may be required to test free of alcohol and drugs during your period of probation.

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Answered on 7/05/00, 5:45 pm


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