Legal Question in Criminal Law in Indiana
Probation violation:
My son in law was arrested for
probation violation for testing
point zero 5 for alcohol...he had a
absessed tooth and was taking
Nyquil...he told the testing agency
before he took the test...also was
on amoxicillian....what can he do?
Asked on 9/16/08, 10:16 pm
1 Answer from Attorneys
William Morrison
Action Defense Center
Re: Probation violation:
When he tells the judge he was taking Nyquil he should try to keep a straight face since it is the most often cited (and worst) excuse for testing positive.
Nyquil is only 10% alcohol (It used to be 25%) and he'd have to chug two 4 oz. bottles of it just before his PBT to blow a .05
He'd be better off if he just 'fessed up to you and to the judge.
Answered on 9/17/08, 1:21 am
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