SCRAM Violations caused by Alcohol False Positive
SCRAM Violations caused by Alcohol False Positive
Winning allegations of SCRAM Violations caused by Alcohol False Positive
The judge in the above case case told the client that there was no violation but the judge thought it would be a good idea to write an essay. He had to continue to wear the SCRAM as a term of DUI probation. Even with a finding of no violation he still had to write an essay. Accepting that was the lesser of two evils.
Our approach to allegations of false positives for SCRAM devices
We find our law firm fighting over SCRAM malfunctions for our clients more and more. We’ve put protocols in place, and they have made these fights a little easier.
First, every single one of our clients who needs to get a SCRAM installed is directed to the SCRAM page on our website, and it tells them this:
Unfortunately, SCRAM has the same unreliable factors as all monitoring systems, and one of those unreliable factors is the human element. If you take part in SCRAM monitoring either as a pre-plea condition or as part of sentencing, please take these common-sense precautions to make sure nothing happens that could get you in trouble:
1. When you have the SCRAM device attached to your ankle, you will also be signing a contract. Make sure that the serial number on the device matches the serial number on the contract. Then, before they attach the device, take a picture of the device’s serial number. Email your attorney (us) photos of the serial number and the contract so the matching numbers are time-stamped.
2. Don’t ever place anything between the device and your skin. No lotion. No socks. No leggings or sweatpants – nothing.
3. If the device is acting strangely or if you have any reason to believe that it is registering an alcohol or tamper event, contact your attorney at our law firm immediately. He or she may want you to get a urine screen done to show that there was no alcohol intake on your part, but you need to get the screen done quickly. We usually send clients to Quest Diagnostics when we need a quick screen done. It is not cheap, but it‘s much less expensive than an SCRAM violation.
This eliminates anyone saying that nobody told them not to put a sock between the device and their leg. In addition, every time one of my clients has to go on SCRAM, I send the SCRAM rep an email that says something like this:
Dear [SCRAM PROVIDER],
I represent John Doe, who is required to have a SCRAM device for 90 days pursuant to a sentence imposed by Hon. Judge in Orange County Superior Court. You can reach Mr. Doe at (585) 555-1212 to schedule an appointment.
I am also writing to ask that you notify me immediately of any tamper events or alcohol detection events. If any event must be reported to the court, I need to know within 24 hours so I can ask Mr. Doe to get a urine screen from a certified lab. Because the SCRAM does not tell the client when it is detecting an event, I kindly request that SCRAM notify me as soon as practicable, but in no case more than 24 hours after any such event.
This way, and this is important, when we land back in court because of an alleged violation, I either have a lab test that I can show the judge, or a question about why we weren’t notified so that we could have had a screen done. These precautions have helped me get a couple of clients out of jams.
Contact us.
