Verifiable Case Results

VOP DISMISSED — poppy seed defense on dirty urine

State v. K.B.; Okeechobee County; Case # 472016CF403

Our client was on probation for a drug charge.  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 continue 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.


Brian Mallonee is a Criminal Defense Lawyer Serving St Lucie, Indian River, Martin, and Okeechobee Counties