Tag: macomb probation violation lawyer

What happens at a Macomb County probation violation hearing?

By Attorney James Czarneck|Czarnecki & Taylor PLLC|OCT 31, 2022

What happens at a Macomb County probation violation hearing.
What happens at a Macomb County probation violation hearing?

In Michigan, court may place someone on Macomb County probation after a conviction.  The Michigan Legislature states that “the granting of probation is a matter of grace conferring no vested right to its continuance.” Essentially, the law states that a defendant does not have a right to probation. The court can revoke a probationary term if the probationer violates any of the conditions set by the court.  Revocation of Probation Statute. 

One of the biggest concerns for many individuals placed on probation is a violation hearing. This can be a very nerve-racking situation and one that could have a drastic impact upon your life. For example, the court could put you in jail or revoke a special status where the court puts the conviction on your record. This article describes what you can expect from a Macomb County probation violation.  The following information applies to both district court and circuit court violations.

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NyQuil use as a defense for a positive alcohol test while on probation.

By Attorney James Czarnecki| Czarnecki & Taylor PLLC|OCT 30,2022

NyQuil use as a defense for a positive alcohol test while on probation.
NyQuil use as a defense for a positive alcohol test while on probation.

NyQuil’s use as an alcohol test defense is offered as a way to explain a positive test for probation and interlock violations. While NyQuil contains alcohol, the effect should not be enough to produce a positive alcohol test result when used properly.  The results would be negligible at best.

There are many reasons you should not use NyQuil as a defense for a positive alcohol test while on probation. First and foremost, the courts have heard this too many times. Using NyQuil as a defense against an alcohol test while on probation can actually make you look suspect in other ways. For example, will raise concerns about your overall sobriety, or suggest that you are trying to hide something from your probation officer.

The problem with NyQuil as an alcohol test defense is that the alcohol in a dose of NyQuil is too short-lived to produce a substantial blood alcohol level. NyQuil effects last for 2 hours before they subside entirely. Therefore, any test will capture your actual drinking pattern because the alcohol level would be at .00 a short time later.

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