Attorney Max Keller of Keller Criminal Defense Attorneys achieved another victory in Scott County on Monday, January 11, 2010. Mr. Keller’s client faced a felony conviction and jail time or imprisonment based on an allegation that he had violated probation by allegedly testing positive for meth. Mr. Keller and his client insisted that, because the result was a false positive test result based on the client’s taking Xantac for acid reflux disorder, the client should receive no punishment and the probation violation should be dismissed. Mr. Keller and his client appeared in court in October for the first appearance, denied the probation violation, and set a contested hearing probation violation on January 11, 2010. Mr. Keller hired an expert forensic scientist on behalf of his client to provide expert testimony to show that the client did NOT violate probation and the “positive” test result was caused by ingesting Xantac, a legal over-the-counter medication used by people with acid reflux. On the day of the contested probation violation hearing, the probation department gave up, cancelled the probation violation, and terminated the client’s probation, leaving him with no felony probation and no additional punishment.
