Upcoming Court Date-Will They Drug Test

M

Mr. Square Pants

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Apr 17, 2003
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The other night I was busted for providing alcohol to a minor. From what I understand, this is a very minor offense. I'll have to pay a small fine and do 10-20 hours of community service. In 3 months it will be expunged from my record. Is there any chance that they'd give me a drug test? I can't see them administering one but if they did, well...all I'll say is that it would be an ugly scene.
 
Here in South Carolina it is very rare for drug screens to be administered in Magistrate court, but it is very common in General Sessions so I would say it is very unlikely that you will be given a test. Just don't go into court all stoned with bright red bloodshot eyes.
 
In what state and county did the incident occur?

My initial reaction would be that considering the offense was alcohol-related, you will in all likelihood not be tested, but I'll attempt to look it up just to be sure.
 
Did you not sign a "rules of probation" agreement? One of the rules is invariably that you may be subjected to random drug tests.
 
Thanks for the feedback. Mariposa, this occurred in Tallahassee(Leon County) Florida. PottedMeat, the only thing I signed was a form stating that I acknowledged that failure to appear in court would constitute a seperate offense. Is it likely that I will have to sign a "rules of probation" agreement following sentencing? Thanks again.
 
You'll be assigned a probation officer and then they give you the conditions of the probation which you'll have to follow.

My wife chrissie got a years probation for mdma possession and even though it said random drug testing on the probation form she was never asked to take one. :)
 
There wasn't anything I came up with in my search of the FL statutes that applies to your question directly.

I too doubt they'll drug test you for an alcohol related offense although I must make the disclaimer that 1. I am not an attorney and 2. my background is not primarily criminal law.

Wear a suit to court and be on your best behavior... and make sure you post an update and let us know how it goes.
 
If they do drug test you and you test positive, they will only be looking towards the future for the amount to decrease and eventually disappear...

They won't give you a harsher punishment for failing your first drug test under supervision... Many times with drug cases, they almost expect the offender to come up positive on the first couple tests... The key is not *continuing* to come up positive....
 
Mr. Square Pants said:
Thanks for the feedback. Mariposa, this occurred in Tallahassee(Leon County) Florida. PottedMeat, the only thing I signed was a form stating that I acknowledged that failure to appear in court would constitute a seperate offense. Is it likely that I will have to sign a "rules of probation" agreement following sentencing? Thanks again.
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I'm sorry, I misunderstood you. I was thinking for some reason that you were already sentenced.

A word of advice. If the judge asks you (I have seen it done many, many times) if you have used any drugs lately; answer truthfully. E.G., if you have smoked weed in the past week it will obviously show up on your test. If you are honest, the judge will instruct the probation officer to allow some time for the drug to clear your system.
 
PottedMeat said:
A word of advice. If the judge asks you (I have seen it done many, many times) if you have used any drugs lately; answer truthfully. E.G., if you have smoked weed in the past week it will obviously show up on your test. If you are honest, the judge will instruct the probation officer to allow some time for the drug to clear your system.
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If you are put on probation here they write it on top of your information sheet that goes to the probation office about if you are clean or not and if you are not they give you 30 days to be clean before your first test.

I have seen judges ask someone if they can pass a drug test numerous times in General Sessions and the outcome always goes like this. If you tell him you will fail or if you tell him you can pass and you actually pass the judge is usually somewhat lenient. If you tell him you can pass and actually fail the judge will be very harsh for lying to him and you will most definitely get jail time. I have seen it in every case where someone has lied to a judge. And the judge always asks them why they lied to him.

Here in Greenville, SC if a judge in GS is trying to weigh jail time or not for almost any case, even say a habitual offender DUS, they will use the drug test as the decision breaker. If you are in court and are asked if you can pass a drug screen DO NOT LIE.
 
^^^
Exactly.
The worst possible thing you can do is to lie to a judge. They will hammer your ass every time.
 
I have 3 weeks until my court date. Do you guys think that it would be worth it for me abstain from further drug use until then?
 
^^^It's better to be safe than sorry, and 3 weeks is enough time for everything (except perhaps marijuana) to be out of your system.
 
I think you'll be ok. As long as you don't have a past record with any drug abuse. I have been to court many, many, 2 many times and never got tested. I even was on probation and was forced to go once a week to this dumb drug treatment program and even then I never got drug tested. I stupidly admited I used.

I wouldn't worry to much about it.
 
PREMIUMUNLEADED said:
^ what exatly is your problem? Whats the point of that? If you have nothing to say, don't.
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I think PottedMeat made a very good point with his rolling of the eyes. When I read what you had said I thought the exact same thing. Your statement was quite ridiculous. I have spent alot of time in a courtroom, and no it wasn't from being a defendant, and I have seen drug screens given to alot of people that did not have drug or alcohol related charges.
 
I have also spent alot of time in a courtroom, if you read my original post, and was sharing my experince. My boyfriend was actully in jail when he was younger because he was caught with weed and he never got drug tested. I suppose it depends on where you live. But don't dog what I say because you have seen different.

If you don't like it thats your problem not mine. It is not ridiculous. I have never EVER seen anyone drug tested for reasons like this. Unless as I said he has a past record for drugs.

Why would they drug test you for giving alcohol to a minor? I have never heard of such, or seen such. Why would the courts waste $ giving drug tests to people who weren't arrested for drugs?

So your telling me, say if i get caught for ex. shopplifting I could be drug tested? I really doubt it, gimme a brake. The courts have better things to do, UNLESS as I said you have a past record w/ drug or alcohol abuse.

I really don't care what happens here, but as I said just because you have seen other wise does not make what I say ridiculous.
 
Btw, why don't you re-read your 1st reply to this post. You said yourself being drug tested for this type of offence is rare, so again why is what said ridiculous?

Don't get this kid all freeked out over this, jes. Its nothing, my god.
that is all. goodbye
 
quit worrying about what someone else said, give your opinion and leave it at that, it doesn't help to bitch back and forth like a bitchy bitch. :)
 
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