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What will the consequences of a failed drug test on diversion bring about?

Omaha, NE |

I have been on diversion since September, and haven't been tested yet. I got a call for a random test within the next few days, and was wondering if a positive result on the test will lead to my removal from the program. My charges were an MIP and Possession, and my diversion is run through the Nebraska Safety Council. During our drug education class we set goals, and mine was to prioritize my life ahead of marijuana and the instructor seemed completely accepting of my decision to remain smoking weed.

Attorney Answers 3

Posted

Doubtful they will keep you in diversion.

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Posted

If you fail a UA while on diversion, you will most likely be removed from the program. You will also have to deal with the original criminal charges.

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Posted

Failing a UA while in diversion is grounds for termination from diversion and re-filing of the original charges. I think you misunderstood the instructor if you felt he or she supported your continued violation of law by smoking marijuana.

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2 comments

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Posted

I believe I misunderstood as well. I was terminated from the program, and was wondering what will happen next?

Thomas Marlan Petersen

Thomas Marlan Petersen

Posted

The case will be refiled and you will face the criminal charges in court. You didn't say what the original charge was but it's probably time to call an attorney.

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