Legal Question in Criminal Law in Massachusetts

Drug Tests for Fines?
In December of 2004, I was brought to court for an unisured motor vehicle (parked on a public way) charge and was given fines and administrative probation. I was told when I paid off the $1000+ fines I would be taken off of the probation. In May of 2007 I was found driving on a suspended license (dismissed) and in possession of a class D substance (CWOF $50), my probation was continued because of the additional fines, it is still administrative, but now I must take random drug tests. The judges that have dealt with this case have questioned why I am being tested for when I only have fines (the class D charge was paid off immediately), and I am in danger of losing my job due to the random color code system and also the distance it takes me to drive to the testing office. My probation officer has refused to transfer my probation to my district and I am unable to make it in time to half of the tests that they have called. I have been in violation twice, both have been withdrawn due to the fact that I am only fines. Can I be drug tested for a case that is only fines? If yes, even though two judges ruled that there will be no jail time, what are the penalties I can face for violations? Is there anyway to plead my case to a judge

Asked on 10/02/07, 11:22 am

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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: Drug Tests for Fines?

The short answer is yes.

The drug testing should be court ordered. If it is not, then you can take it before the judge.

If you have questions, contact me.

Answered on 10/02/07, 12:01 pm

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