Will I go to jail for a probation violation due to a failed ETG test? - Criminal Law Questions and Answers- LawQA.com

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Will I go to jail for a probation violation due to a failed ETG test?

I was late arriving to community service due to a failed blow on my smart start from Listerine. The supervisor asked me why I was late and I explained about the failed blow. He administered two breathalyzers. One read .044 and the other .042. At that time, my probation officer walked in and administered an ETG, which 9 times out of 10 will fail. Do you think my probation will be revoked and I'll go to jail? I'm the only one responsible for paying all the bills for my fiancé and two-year old son. I am gainfully employed in the offshore oil industry and would hate to lose what I have and leave my fiancé and son with nothing.

Michael Breczinski
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What are you brain dead. No alcohol means no alcohol including Listerine. Hopefully the judge will give you another chance.

Answer Applies to: Michigan
Replied: 12/11/2012

Answer By Sally Hamblin

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It depends on if you are a zero tolerance court or offense. If that had never occurred before and the tests vary, perhaps you will not go to jail. I hope you have a good attorney if it starts looking bad for you. I am sure, though, you have used Listerine, before which makes the issue questionable for your story.

Answer Applies to: Michigan
Replied: 12/11/2012

Simmons Law
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You can go to jail for violating probation. However, if you have a good relationship with your probation officer and/or the you have complied with the terms of your probation up to this point you could possibly not be violated. Talk with your probation officer as well as your attorney to see what options are available.

Answer Applies to: Georgia
Replied: 12/10/2012

Answer By John F Brennan
Musilli Brennan Associates PLLC
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I would suggest you see the attorney with the details, however, the Listerine excuse does not work particularly well, especially after you failed the breathalyzers later on arrival to community service.

Answer Applies to: Michigan
Replied: 12/10/2012

Answer By Craig Andersen
Andersen Law PLLC
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It will depend on the judge. On a misdemeanor, the court can impose all or some of the suspended jail sentence.

Answer Applies to: Washington
Replied: 12/10/2012

Lawrence Lewis
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You may go to jail. The judge can certainly not believe your story. The question will be IF you knew Listerine could set off the smart start, why not switch to Scope.

Answer Applies to: Georgia
Replied: 12/10/2012

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