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-   -   Innocent Driver Fails Drug Test Question (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my/28063-innocent-driver-fails-drug-test-question.html)

duke924 07-05-2007 03:08 AM

Innocent Driver Fails Drug Test Question
 
I'm going to try to keep this as short and brief as possible and just state the facts. I don't usually frequent web boards and such however, while doing exhaustive and extensive research on the issue that I'm posting I found myself at this site. After reading many posts, I must say that I sort of feel at home here such to the extent that I joined up and, in hopes that I can beg for some positive feed back to a question that I have.

I'm 49 years old and been a truck driver for years. Back when I was 18 or 19 getting out of High School I started smoking pot. Smoked pot for 3-4 years till my early 20's got in trouble for it and quit. Got back in church went through the masonic lodge and left pot behind. That was over 25 years ago. To date and during my entire life I have never taken any illegal drugs (except smoked pot as mentioned). About 2 years ago I was diagnosed with a heart condition and take 4 medications daily since then.

I started looking for another driving job after the first of the year. I went to the dentist on 4/23/07 for a root canal. The middle of May 07 I finally found what I had been looking for. Called, filled out the online application and the next day they called me and offered me the job. I turned in my notice and the following Monday I went for orentation. Did the routine drug pee test but they also did a drug hair test. I've probably done hundreds of pee tests but this was my first hair test.

That Friday I get a call from the "MRO". He explains to me that my hair tested positive for cocain. I laughed him off and politely explained to him that he was badly mistaken. I was distrubed to the point that I went that day and had another drug hair test done from an independent company. The following week that "MRO" calls me up and says the same thing, that my hair tested positive for cocain. He says their cut off point or "threashold" was 100 (in I forget the name of measurement he used). He says my reading was "684". He says this is consistant with a "regular user of cocain".

By now I'm pretty flipped out, not to even mention the fact that I don't get the job. My girl friend thinks sombody spiked my tea or coffee at a truck stop -- which I find hard to believe, but its possible.

I make an appointment with my Dr. and went in yesterday and explained the circumstances to him. He referred me to another Dr. which I will go to see him this Friday. I ask my Dr. about the spiked drink theroy from my girl friend to which he replied "I don't think you could get to the level of a regular cocain user from a spiked drink".

Since I have never taken cocain in my entire life, ever, obviously the answer lies within my body to be figured out by a Dr. -- if possible. I continue to exhaustively pursue my own research into these circumstances in search of some type of answer, which brings me down to my question:

Has anyone had OR know of anyone who has had a similar experience with a drug hair test?

All responses would be appreciated. Thanks in advance!

yoopr 07-05-2007 03:18 AM

Perhaps your Dentist had some kind of composite drug for deadening pain for your Root Canal.
I'm not being a smart ass and I know it's hindsight but you should have told the Drug Test Examiner that you had pain killer for your dentistry work prior to taking it.

Uturn2001 07-05-2007 03:39 AM

Out of curiosity, if you do not mind sharing, what meds are you on for your heart condition and how long have you been on them?

Also do you happen to know what the dentist used during the root canal and did he prescribe of give you and pain pills for post procedure pain and what was it if he did?

ben45750 07-05-2007 04:33 AM

Been doing a lot of googling, looks like it's very possible to get false positives for Cocaine.

Cocaine - Substances or Conditions which can cause false positives
Kidney infection (kidney disease)
Liver infection (liver disease)
Diabetes
Amoxicillin, tonic water.

Did the dentist give you any type of antibiotics? Sounds like the best thing to do is see a Doctor and get some blood work done to see if there is any underlying problem.

https://www.lawyersandsettlements.co...false_positive

Might be a good sight that can help but? But if you are being completely honest about not using cocaine I think you could get this resolved. BOL

DDT 07-05-2007 02:33 PM

I've heard that novacaine and cocaine have some of the same ingredients. I'm sure the dentist numbed you up with novacaine. I'd do some research. If you can prove the novacaine did it you may very well have a lawsuit and some money coming your way.

A lot of people think that drug test are foolproof and there are no longer false positives.

Utter B.S- False positives are much more rare than they were in the 80's when drug testing got started. But there are still false positives.

If 99.9% of drug test are accurate. Than that's STILL 10000 people for every million drug test being screwed over.

I personally think Drug Test should not be legal, It's an absolute violation of the constitution of the United States.

I used to think that they were great, that was until a friend of mine failed a drug test. He immediately went to several independent labs and got negative results from them all. He sued the drug testing company that flunked him and he eventually got a 15000 dollar settlement.

Part of the settlement agreement was that he keep his mouth shut about it, the Drug Testing companies don't want you to know how common this is.

DDT

Deus 07-05-2007 03:21 PM

Quote:

Originally Posted by DDT
I've heard that novacaine and cocaine have some of the same ingredients. I'm sure the dentist numbed you up with novacaine. I'd do some research. If you can prove the novacaine did it you may very well have a lawsuit and some money coming your way.

I don't think he'd reach those levels through a topical anesthetic. I do however like the lawsuit idea. I hope one day in America we can reach a point where no one needs to work, but can make their entire living on sueing people and companies. :roll:

DDT 07-05-2007 03:30 PM

do however like the lawsuit idea. I hope one day in America we can reach a point where no one needs to work, but can make their entire living on sueing people and companies. Rolling Eyes



If you lose your job because you went to the dentist than there is no shame in filing a lawsuit. I guess some would prefer we bend over and take it whether we deserve it or not.

Don't compare false positives on Drug Test with some loser that slips and falls on purpose in the walmart just to make a quick buck.

You are painting with a broad brush my friend.

DDT

duke924 07-05-2007 06:48 PM

WOW Thanks for all the feed back. OK heres the deal on the Dentist. I went in for a sore tooth on 4/23. He said it was almost abcessed but he would do a root canal to try to save the tooth. Since i'm alergic to penacillian he gives me a prescription for Clindamycin (antibiotic) and Hydrocodone for pain. I took all of the antibiotic and most of the Hydrocodone.

I explained all of this to the first "MRO" that I talk to. He says "about 1% of Dentists in the US use "topical cocain". So I called my Dentist to find out. My Dentist says, on the little cotton swap he sticks on the gum before he sticks you with the needle, he uses a combination of Lydocain and Bensacain then sticks you with the needle which is Novacain, and that he does not use any form of cocain.

I called the MRO back and explain all this to him. He says "not good enough" because the "reactive agent" used that shows cocain, only shows for a metabolite that is specific only to cocain, and there is "no know substance in the world" that shows cocain, but cocain. I also explained to the MRO that I was taking heart medication and that the Dentist had prescribed Clindamycin and Hydrocodone. He says “let me explain this again” “there is only one reactive agent in the world that confirms the metabolite of cocain” “it does not show any other drugs or substances” “separate tests are done for different drugs” so its impossible for you to show the presence of cocain without cocain having been in your blood within the last 90 days. (I laughed at him and threatened him with a lawsuit but I’ll save that for later)

Somebody ask about my heart medication:

KLOR-CON M20 (I believe this is a potassium replacement)
Furosemide 20mg (I believe this reduces fluid buildup)
Digitex 0.125mg
Enalapril 5mg (one of these squeezes the heart muscle the other helps blood flow)
+ an asprin a day

I have sort of got past the lawsuit idea at this point cause it is becoming more and more relevant to me that I must have some sort of a real serious health condition inside my body that I didn’t even know about. The post from Super Trucker, I believe that’s where my Dr. is headed with this Dr. that he referred me to. My Dr. said he was an “Interniest” who specializes in the kidneys and liver. If I can get an answer, hopefully it will be something that can be corrected.

Once I get an answer, if I do get back to the lawsuit idea, I would have to seriously entertain filing against the U.S. Government and DOT. Not for personal gain, but to protect all those similarly situated drivers who come behind me with the same problem as there is absolutely no recourse for an innocent driver in this circumstance. The DOT should be held accountable for failing to address these circumstances in section 40.149. The MRO has limited options within specific time frames ie. 40.149(a)(3)(i). ALL of which contribute to the degradation of the innocent driver. In other words, once they say you did it, you then, by law, must prove you didn’t do it. Last time I check, something somewhere says “innocent till proven guilty”.

Thanks for all the posts! Please let me know if you have any more questions or feed back. Thanks!

Uturn2001 07-05-2007 07:23 PM

I was doing some reading last night, and apparently liver problems can cause false positives for coke.

Useless 07-05-2007 09:08 PM

Hydrocodone will show up on a drug test, and of course, it does contain Codiene; but if you had Hydrocodone in your system, then you should not have been driving any type of motorized vehichle at all; big truck, 4 wheeler, or motorcycle.

If your Dentist prescribed Vicoden, then he should have prescribed it for no more than 3 days, as it is very highly addictive. It should have been out of your system within 3 to 4 days from the time that you took your last dose.

I had a friend of one of my employees encounter that very situation; he took Hydrocodone after dental surgery, (prescribed by dentist), then he was in a wreck. He was drug tested, and turned up positive; the fact that he was drivinghis p/u truck at the time did not exhonorate him. He wasn't supposed to be driving at all.

I had one of my attornies look into his situation, and she contacted another attorney who specializes in Transportation Law. In the end, there was nothing either attorney could do for this person.

The driver went through SAP, was sidelined for about a year,worked a constructon job, then was hired by a small garbage company. I have no idea what he earns.

It's hard to blame the company here; their liability exposure for hiring you would simply be too high for them to take a risk, and their insurers aill not likely allow them to.

While I'm not optimistic about this, it would not hurt to contact your Legal Aid Society, or a University Law School about this matter.

They may be able to better research this matter for you.


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