Violation of Probation – Dismissed

Case

State v. K.B.; Case No. 472016CF000403 (Okeechobee County)

Category

Violations of Probation (VOP) / Miscellaneous Crimes

Arresting Agency

Okeechobee County Sheriff's Office

Result

Dismissed

Our client was on probation for a drug offense. She tested positive for opioids, violating her probation. We pulled videotape from her workplace showing her eating a bagel with poppy seeds on it, on the very day that her urine test came back positive. Our client continued to self test weekly for two months leading up to her hearing, coming up clean each time. We were able to convince a very reasonable and astute prosecutor that this was in fact a false positive drug test. He dismissed the violation and our client’s probation was terminated successfully.