Just got a call from a friend in jail he failed a piss test. normally I wouldn't try to help a friend that fails a piss test and he's on probation. But this ones diferent he made a very minor (trafic violations about 4)mistake to land on probation he admited he screwed up. but what gets me is he failed his piss test by having nicotine in his system. His wife brought me his probation papers and it states he can't have the normal narcotics and alchohol but then it says no cigeretts written in beside the rest. my question is does a probation officer have the right to add a stipulation like that?
2006-08-17 07:06:09 · 11 answers · asked by wardancer 3 in Politics & Government ➔ Law Enforcement & Police
He's now looking at 46 day in jail for smoking cigerettes.
2006-08-17 07:07:35 · update #1
his traffic voilations were 1.no insurance 2.expired inspection (by ten days) and doing 35 in a 30 thats it.
2006-08-17 07:21:37 · update #2
no priors on anything in his past either
2006-08-17 07:22:51 · update #3
I seriously doubt his probation officer wrote in "nicotine". More likely he wrote that and wants you to think that's what he was busted for so that you will help him. You could always call the probation officer. I've worked in a jail and you would not believe the lies they will tell to get out of jail. They'll say or do anything.
2006-08-17 08:57:10 · answer #1 · answered by jane 2 · 1⤊ 0⤋
That doesn't seem right, I know alot of people that have been on parole and probation, including myself and I've never heard that stipulation as part of probation. I'm not sure what state your in but I would check into that. From what I understand, a probation officer is there to make sure that the stipulations of court are being upheld, who is he to add further stipulations outside of what the Judge has already ordered.
2006-08-17 14:26:17 · answer #2 · answered by joey v 2 · 0⤊ 0⤋
My guess is that nicotine (which is a chemical) either masks or makes hard to detect the substance they are really testing for...in which case yeah...the probation officer has a good reason.
As for the probation officers right to add stipulations, it is my understanding that a parole officers job is to know just what stipulations to add and they always have a reason.
It is best to just follow their guidelines and stay out of trouble altogether. After one incident needing a parole officer, they are not looking for reasons to give your friend a break. Probably quite the contrary.
2006-08-17 14:16:05 · answer #3 · answered by Rackjack 4 · 1⤊ 0⤋
What?? Some traffic violations and he can't smoke or drink?
Smoking tobacco products and drinking alcoholic beverages should be a normal consumer's choice, just like buying groceries or getting a haircut are. It's a decision that people have been warned against but are not forced to abstain from them.
With this in mind, I don't know how your friend got put on probation. Here in CT all they do is give you a ticket for like $150 or so, you pay up and not much else happens. But I don't know where you live but it sounds like your friend could easily be required by a law enforcement specialist not to drink alcoholic beverages since they obviously impare one's ability to drive a motor vehicle.
But what I'm confused about is the fact that he can't smoke. All smoking will do is give you cancer and clog up your lungs, not impare the way you drive a motor vehicle like alcohol. It could be considered distracted driving but otherwise I don't know how he could get put in the slammer for just a cigarette or 2. That's just really messed up.
2006-08-17 14:17:16 · answer #4 · answered by I want my *old* MTV 6 · 0⤊ 0⤋
close to 20 years ago the schools and other groups started telling the kids that cigarettes are a drug. Some have said it is harder to kick than coke is.
If his p.o. is someone that believes that Cigarettes are a drug i can see them adding it...but..I can not see a court letting it go however, now that there is a proabition type thing going on against smoker.. smoking in some places is against the law now and if you are on probation lighting up in the wrong place and getting caught is a strike against you now.
2006-08-17 14:29:40 · answer #5 · answered by Ibdreamin099 2 · 0⤊ 0⤋
You are right; adding a "no tobacco" clause to the terms of your friend's probation would appear to be extreme. On the other hand, the probation officer probably does have the authority to set pretty much any terms he or she wants.
2006-08-17 14:37:42 · answer #6 · answered by Anonymous · 0⤊ 0⤋
My guess (and it is only a guess) is that he did not get put on probation for minor traffic violations. I assume alcohol or drugs were involved in one of them or he has other criminal records involving alcohol or drugs.
As to whether or not the PO can do that, I think they can...
He just needs to do what he is told, so he can end probation and get back to his normal life!
2006-08-17 14:21:33 · answer #7 · answered by merigold00 6 · 0⤊ 0⤋
I don't think they have the right to tell him that he cant smoke and and i don't see the relation between smoking and traffic violations....i do know that nicotine can act as a stimulant or a depressant.
2006-08-17 14:27:12 · answer #8 · answered by C R 1 · 0⤊ 0⤋
What state? That sounds like a bunch of BS to me.
2006-08-17 14:14:51 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Yeah he does....its kind of corrupt but he does.
2006-08-17 14:12:18 · answer #10 · answered by SupraTTHeaven 2 · 0⤊ 0⤋