Asked 8/15/2016 – Muleshoe, TX

I took Xanax prescribed to me in excess, then had a bad wreck on a lonely country road. I had severe head trauma and lay unconscious for about 8 hours. a farmer found me and called me in as dead. on probation for two third degree felonies already three and a half years starting a N/A meeting two years ago. have chronic nerve pain and didn’t realize what I did. I was grilled by the S.O. about my wife’s use and about a another person that left me there and fled. My wife has no record, I was alone, it was a compressor that flew out of the back of my truck that hit me as I rolled three times and went out the windshield. I was taken to e.r. and had a blood and urine test. Then against the drs. advice, was made to report to probation for another test. I had a major concussion and was told that my blood pressure was 148/128 and should remain one or two days. I was not arrested due to my disability that I have had since 2006 yet. They claim I had an overdose of Xanax, an almost untraceable amount of meth and about one joint of Marijuana in my system. Also a small amount of alcohol. I do not remember taking anything but the Xanax because of the head trauma I can’t remember almost two weeks.

Answer

I am unclear about the status of your cases. If you are already on probation for two 3rd degree felonies, then no, you can’t get them “thrown out”. If you are facing a motion to revoke probation, and one of the allegations is that you tested positive for a prohibited substance like Xanax, you would have to show the court a legally obtain prescription for the Xanax from your doctor. You will have to show prescriptions from your doctor for any other substance you tested positive for as well. I suggest you contact your attorney.