CASE NO.

1562616

TARRANT COUNTY, TEXAS COURT CDC2

VS.
CHARLES JOHNSON

DEFENDANTS MOTION FOR DISMISSAL OF PROBATION VIOLATION

Defendant prays to the court to dismiss an alcohol probation violation on grounds of a false positive.
Defendant shows and presents evidence to court lettered as sample A and sample B with motion.
On 8/22/19 Defendant appeared to probation to be informed that the defendant failed a UA due to alcohol.
Defendant made claim that he did not drink alcohol and has been sick and in and out of the hospital for 3
Months. Sample A evidence shows proof of 3 different dates the Defendant has been hospitalized. 1
Hospitalization resulted with 2 surgeries and a 4 day quarantine. During those 3 months the Defendant claims
That he has been extremely ill and was using multiple over the counter remedies including sample B over the
period of the Defendants illness. Sample B is one of 3 brand cough medicines the Defendant was using
For pain and cold relief due to allergies and the flu. Sample B evidence shows 10% alcohol content. Defendant
claims to have avoided physician care due to finances however was forced to hospitalization due to sickness.
Defendant shows evidence in Sample A of heat exhaustion, staph infection, kidney infection and possible
diabetic reaction followed by a sciatic injury due to surgery. Research shows that cough medicine with high
content alcohol% can show as a false positive during a UA test. Consequently Defendant is being punished with
additional jail time, reporting twice a month for probation, daily report for UA And Drug Alcohol assessment.

Defendant comes today to request the courts to reverse and dismiss the probation violation and all punishment
Applied to the violation.

Respectfully
Charles Johnson
817-849-0454

MOTION IS HEREBY: GRANTED/DENIED

SIGNED AND ENTERED THIS __________________________, 2019

Judge Wayne Salvant

Tim Curry Criminal Justice Center
6th Floor CDC2
401 W. Belknap
Ft Worth, TX 76196