is it legal to require drug screen as part of bond

[lwaits]

my son was stopped for suspected DUI (marijuana). As part of his bond, they are requiring him to have random drug screens. He does not have a past record, not even a speeding ticket. He had just gotten off work and was stopped at a road block. The judge ordered random drug screens as part of his BOND! I have never heard of this being done before. Infact, the facility that administers the tests stated that this is the first time they have ever had this situation. Is this legal for them to require this without any convitions?

 

[CdwJava]

my son was stopped for suspected DUI (marijuana). As part of his bond, they are requiring him to have random drug screens. He does not have a past record, not even a speeding ticket. He had just gotten off work and was stopped at a road block. The judge ordered random drug screens as part of his BOND! I have never heard of this being done before. Infact, the facility that administers the tests stated that this is the first time they have ever had this situation. Is this legal for them to require this without any convitions?

First, what state is this?

Second, WHO is requiring the test? The bail company or the court? (You said it was the judge, but was that at the request of the bond company or did the court do so as a condition of release?)

 

[CSO286]

my son was stopped for suspected DUI (marijuana). As part of his bond, they are requiring him to have random drug screens. He does not have a past record, not even a speeding ticket. He had just gotten off work and was stopped at a road block. The judge ordered random drug screens as part of his BOND! I have never heard of this being done before. Infact, the facility that administers the tests stated that this is the first time they have ever had this situation. Is this legal for them to require this without any convitions?

Quite normal.

I've heard of it.

 

[lwaits]

it is in the state of kentucky. I posted the bond, so no bond company was involved. It was a condition of his release required by the judge

 

[Silverplum]

it is in the state of kentucky. I posted the bond, so no bond company was involved. It was a condition of his release required by the judge

Do you think it a good idea for you to go up against your son's Judge and question his/her authority and methods in this instance?

What harm has occurred due to the Judge's condition of release?

 

[CdwJava]

Yes, it appears to be permitted:

http://www.lrc.ky.gov/krs/431-00/520.PDF

Consider it a good thing! It will actually force him to remain clan and sober during the time he is out! Now, perhaps you can assist him by getting him started in a treatment program.

 

[lwaits]

Do you think it a good idea for you to go up against your son's Judge and question his/her authority and methods in this instance?

What harm has occurred due to the Judge's condition of release?

I am not trying to go up against the judge. Just questioning the legality. The only harm that his has caused, is that my son is young and does not make a lot of money. He has to pay for each test, and sometimes it is twice a week. It is getting expensive for him. I did post his bond, but will not pay any fees or fines he incures, and he has repaid the bond money already.

 

[CdwJava]

I am not trying to go up against the judge. Just questioning the legality. The only harm that his has caused, is that my son is young and does not make a lot of money. He has to pay for each test, and sometimes it is twice a week. It is getting expensive for him. I did post his bond, but will not pay any fees or fines he incures, and he has repaid the bond money already.

All of which appears to be covered and allowed in the link to the KY law on the matter I posted above.

 

[lwaits]

Yes, it appears to be permitted:

http://www.lrc.ky.gov/krs/431-00/520.PDF

Consider it a good thing! It will actually force him to remain clan and sober during the time he is out! Now, perhaps you can assist him by getting him started in a treatment program.

If my son had a history or a record this would apply. But he has no record at all not even a traffic ticket for speeding. That would also prompt me to look into a treatment program. He was 19 and made a bad judgement call, a week before! He had just worked a 8 hour shift just before being stopped

"If the person's record indicates a history of controlled substance or alcohol abuse, order the person to submit to periodic testing for use of controlled substances or alcohol and pay a reasonable fee, not to exceed the actual cost of the test and analysis, as determined by the court with the fee to be collected by the circuit clerk, held in an agency account, and disbursed, on court order, solely to the agency or agencies responsible for testing and analysis as compensation for the cost of the testing and analysis performed under this subsection. If the person is declared indigent, the testing fee may be waived by the court. The Administrative Office of the Courts shall establish pilot projects to implement the provisions of this subsection;

 

[tranquility]

With a quick search, there does not seem to be an appellate level case regarding that particular section.

I'd go with the judge. (Unless you have a ton of money to throw out the window fighting this.)

 

[CdwJava]

Are you willing to fight this through the courts? Are you prepared to spend tens of thousands of dollars on the off chance that he won't have to get drug tested? Is that REALLY what you want?

If you have that kind of money, then help him pay for the drug tests. He'll be clean, he's stay out of trouble, and he may even live a longer and happier life.

 

[davidmcbeth3]

my son was stopped for suspected DUI (marijuana). As part of his bond, they are requiring him to have random drug screens. He does not have a past record, not even a speeding ticket. He had just gotten off work and was stopped at a road block. The judge ordered random drug screens as part of his BOND! I have never heard of this being done before. Infact, the facility that administers the tests stated that this is the first time they have ever had this situation. Is this legal for them to require this without any convitions?

He is not required to accept the drug testing ... he can refuse bond.

Stupid road blocks .. I think they are unconstitutional which is counter to what courts have so far ruled .. it be be ruled unconstitutional someday..its not a sword I am willing to die on (yet)

 

[asiny]

He is not required to accept the drug testing ... he can refuse bond.

Stupid road blocks .. I think they are unconstitutional which is counter to what courts have so far ruled .. it be be ruled unconstitutional someday..its not a sword I am willing to die on (yet)

Please do. And, to the OP, don't listen to this user.. next thing you know they will be asking you to upload a copy of the bond and release paperwork from court.. sans ID info.

 

[davidmcbeth3]

Please do. And, to the OP, don't listen to this user.. next thing you know they will be asking you to upload a copy of the bond and release paperwork from court.. sans ID info.

asiny should continue to post sans words , just smileys .. what drivel

 

[asiny]

asiny should continue to post sans words , just smileys .. what drivel

Speaking of drivel;
https://forum.freeadvice.com/speeding-other-moving-violations-13/biking-prohibited-area-577219.html#post3034497