I went to my court ordered random drug test.I was having trouble going enough. The person observing said they thought I went enough to test. Today I received a show cause for failure to produce on that day. Is this a violation that will put me in jail. The judge originally stated that if I violated I would go to jail. Is not being able to produce enough urine a violation when the testting center said that they thought it was enough.
2 Answers from Attorneys
It's unlikely you'll go to jail unless this has happened before. While I doubt that the "person observing" is willing to risk his employment as a trained urine witness and would testify on your behalf, you should at least learn his name so that you can give the judge something to think about.
These are difficult situations in that probation violation hearings are informal and the judge may rely completely on hearsay statements (written or otherwise) in considering an alleged violation. You should contact an attorney to review all the facts surrounding the inadequate sample AND be prepared to mitigate any technical violation with other relevant factors to sway the court to continue your probation (possible medical condition, take an independent test to demonstrate to the court you are not using illegal substances etc.) Feel free to contact my alternate phone number to discuss.
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