Malove Proves Alcohol Monitoring Equipment Faulty
Our client had a previous arrest for Driving Under the Influence (DUI) in Monroe County. Ultimately that charge lowered to Reckless Driving and the client was sentenced to 12 months of probation, with the ability to terminate probation early after 6 months. As part of the terms of his probation, our client was required to refrain from drinking alcohol for 30 days of his probation and to wear a SCRAM bracelet during that time. A SCRAM bracelet monitors person’s alcohol intake by testing perspiration on the wearer’s skin. After completing 6 months of probation, the client received his SCRAM bracelet. He completed the 30 days, which was the last requirement he needed to meet before he could request early termination of his probation, and was waiting for his probation to be terminated.
Surprisingly, our client got the shocking news that the SCRAM bracelet had detected alcohol in his system and he was in violation of his probation. He hired the Law Office of Robert Malove’s Key West office. After speaking with the client, he as adamant that he did not ingest any alcohol during his probation. Our Key West Team immediately started requesting the report for the SCRAM bracelet that our client was wearing so we could prove his innocence.
After many attempts to obtain this information, we finally received the report and quickly discovered that the results were all over the place and inconsistent with a person consuming alcohol. Additionally, the SCRAM bracelet had not been calibrated in over a year – 378 days to be exact! The provider of our Client’s SCRAM bracelet claimed that they had no requirements for when they must recalibrate a bracelet. After some research and reaching out to other SCRAM bracelet providers, we learned that most providers recalibrate their bracelets after every use, or after a year, which ever comes first. The other providers advised that these procedures are to ensure that the equipment is working properly and prevent false test results, similar to the results our client received. Our client’s SCRAM bracelet provider would not tell us if the bracelet had been used on anyone other than the client since it was last calibrated.
Our office prepared a Motion to Quash the Violation of Probation Warrant, arguing that the SCRAM report would be inadmissible because it’s inherently untrustworthy due to lack of calibration, and set it for hearing with the Monroe County Court. At the hearing, the we convinced court that the best course of action would be to agree to our Motion to Quash. Ultimately, the State agreed and our motion was granted. The court dismissed the Violation of Probation and terminated our client’s probation that day!
Why You Should Hire a DUI Defense Attorney
Without an attorney in his corner who believed in in him, who knew the right things to look for, and the the right questions to ask, our client might have been found guilty for violation his probation and served time in jail. Because of our Key West Team’s diligence, commitment, and attention to details, our client was able to leave that hearing knowing that his name was cleared and his probation was over.
If you believe you, or someone you love, has falsely tested positive for alcohol intake during probation, it may be a result of faulty or ill maintained equipment. Please reach out to our office to discuss how we may be able to help you.