Tag: probation violation hearing

Specific ways a criminal lawyer can help with your Macomb County probation violation.

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

Specific ways a criminal lawyer can help with your Macomb County probation violation.
Specific ways a criminal lawyer can help with your Macomb County probation violation.

A Macomb County probation violation can be very difficult and quite stressful. If you are currently facing such a situation, you will need to hire an attorney who is well-versed in this type of legal matter immediately. Many factors go into defending against a probation violation, including what occurred leading up to the alleged violation. Probation violations can be complicated, so having legal representation could help avoid the violation or minimize the penalties you may face if convicted.

This article explains how an experienced criminal defense attorney can help you at a probation violation hearing. If you have been charged with a probation violation, it is vital to work with a skilled criminal defense attorney who can help you navigate the complex legal system and ensure that your rights are protected. A criminal defense attorney will assess your case and determine the best action to defend against the charges. Sometimes, this may entail negotiating a plea deal or litigating the matter in a violation hearing.

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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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