Drug tests and probation violations were discussed in yesterday's post. One requirement of probation in Tennessee is being subject to random drug screens. Yesterday, I discussed the information required to get the evidence admitted. Usually, I just see the probation officer testifying in court that a probationer failed a drug test. No rigorous challenge is made.
Here are a couple of more takeaways. If the state intends to introduce a laboratory report and affidavit in lieu of the live testimony of the laboratory technician, it shall provide the defendant a copy of the report and affidavit 5 days prior to the revocation hearing. See T.C.A. 40-35-311(c)(3).
One last thing is worth mentioning. The judge upon reasonable objection and for good cause shown, require the laboratory technician appear and testify at the probation revocation hearing.
Let's look at how probation violations in Nashville's General Sessions Court are handled. Most drug tests for misdemeanor probations are handled by an outside company. The tests are sent out of state for testing. If you use the law and stand up and fight the case, do you really think they will ever bring a person to court?
These are just a few things that can be used to successfully defend a probation violation for a failed drug screen in Tennessee.
