SCRAM:Possible Remedy For The Daubert Issues
ll the devices used to detect alcohol that I have found are non-specific,meaning that they detect other chemicals with similar properties. Ethnic skin differences,foods converting to alcohol inside the body, the rate of diffusion through skin,the amount of eccrine sweating, and blood flow in the skin are all just possibilities of yet to be discovered or proven issues with SCRAM. AMS has to be aware of the outside influences or they would not insist a probationer sign an agreement to avoid the use or possession of products that contain alcohol,such as household cleaners,disinfectants and hygeine products.In the previous posts,they seem to agree that the device is not partial to just ethanol.False positives and other false allegations wouldn't occur if they used SCRAM for what it actually is,a monitor.Everyone has at least heard of a baby monitor,the parents while in another room can hear an infant cry and give immediate attention.The monitor does not explain if the infant is crying due to,hunger,gas,or diaper change,it is up to the parent to determine and remedy.The map is not the territory,simple semantics and the same principle should apply to SCRAM.If the burden of proof were actually on the prosecution they might already have a more constructive procedure including some of the following:First,there is the way an alleged offender is notified.A letter from the court or probation department arrives in 4 to 5 days,informing the probationer of his/her offense.In my effort to prove my innocents I found that toxicologists can detect metabolites for 4 days.If the person was notified immediately,he/she has to have a phone line for SCRAM,they might be able to provide a reliable defense,it may be costly but it is better than suffering senseless consequences.If there isn't a qualified toxicologist in the area to conduct the procedure there is always....................................
Second,the courts and probation departments should favor,a police dispatch.My "confirmed alcohol consumption" and "confirmed obstruction" went on through my download time.A policeman on the scene means a BrAC,which even though PBT's are not infallible,I feel are much more reliable than SCRAM.The officer will also have a visual of the suspect and their dwelling,the terms of probation also include the possession of beverages that contain alcohol.Plus you never know what kind of delinquent activities a probationer may be involved in.
And third,immediate contact.Example:A probationer is obstructing for an hour and a half and up to his/her download,should be an alert to operators,a simple phone call could determine any delinquency.Mr. Doe,you have been obstructing for the last hour and a half,please unobstruct the bracelet and wake it up (they issue magnets to wearers to start a communication between the bracelet and the modem) so we can update your information.Failure to comply would be considered the same as refusing to take a breath test,then notify the court and/or a police dispatch.
I am not entirely familiar with the different operating procedures so these alternatives are simply suggestions to not only protect the innocent,but convict the guilty as well.The change in procedure may not apply to all situations,but may reduce some of the Daubert issues encountered by scientific technology,especially in its infancy.
Johanna Golden, probation officer for the Troy district court, noted the device has some quirks."You have to be careful about drinking things like mouthwash and cough medicine. Recently, the device registered a problem, but the defendant had been painting. It's really sensitive. We're learning as we go along." October 4,2004 The Daily Oakland Press.
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posted by marcellus91872 at 2:06 AM
18 Comments:
I recently left a court ordered DWI treatment program due to the unprofessionalism of the counselor. Maryland ( which is where I live) does not use this device to date, but eventually will be implementing SCRAM. The counselor cannot wait til its implemented in our state, real excited about it.
I frankly think it is against our constitutional rights to implement this as a way to revoke paroles or probations. And the scars it leaves constitues cruel and inhuman punishment.
What about the person who is simply put on this device on the whim of PO based on a report written by an incompetent treatment counselor?? Scary thought!!
I was taken off of SCRAM back in November without any issues. I just got notified today, that AMS is claiming that I damage the device and that it contained water that resulted in the device being rendered unusable. Since I am in a court appointed program, I run the risk of this being labeled as a TAMPER and very well could be thrown in jail. It's been 4 months, and I asked why am I now being notified of this discrpency. They said AMS claims the device had to be shipped, taken appart, and tested. Beware, AMS is the only provider of this device, and at $1400 a piece is a little steep for a technology that costs far less than that.
I will keep you updated!
What I would like to know is; where are all the civil, product liability, and higher courts protecting us from AMS’s “SCRAM” unit?
I myself received a DWAI in 2005 with 2 years of supervised probation in Jefferson County Colorado. A condition of my probation was a UA twice a month and a BAC test five times a week. After six months of negative results from both the UA and the BAC tests the probation office “thought” I must be cheating the system somehow so asked the court to agree to their request for a “SCRAM” bracelet. I have been ordered to wear the unit for three months to PROVE my INNOCENTS at the personal cost of $77.00 a week for the privilege of wearing the “SCRAM” unit (or as I call it scam unit)
Has our judicial system lost sight of upholding the constitution and now are in the business of making money?
Where is the ACLU speaking out that due process isn’t being followed in our courts? Where are the product liability attorneys for those of us that the “SCRAM” unit is ripping apart our skin causing bleeding, infection, and scaring such as in my case?
There seems to be a attorney on every street corner waiting to file suit in a auto accident, spilling coffee on yourself at McDonalds, or finding mouse poo in your taco at Tacobell.
Where is the attorney that can see the injustice and the cruel and unusual punishment? Where is the attorney filing a lawsuit in behalf of all of use that have bleeding, infections, and scaring from AMS’s product?
For those attorneys that have the moral standards to stand up and take the bull by the horns contact me please. Are all the “Erin Brockovich” of the world gone or just waiting for the parade to start?
worthjp@yahoo.com is my e-mail address. I welcome any and all comments.
What I would like to know is; where are all the civil, product liability, and higher courts protecting us from AMS’s “SCRAM” unit?
I myself received a DWAI in 2005 with 2 years of supervised probation in Jefferson County Colorado. A condition of my probation was a UA twice a month and a BAC test five times a week. After six months of negative results from both the UA and the BAC tests the probation office “thought” I must be cheating the system somehow so asked the court to agree to their request for a “SCRAM” bracelet. I have been ordered to wear the unit for three months to PROVE my INNOCENTS at the personal cost of $77.00 a week for the privilege of wearing the “SCRAM” unit (or as I call it scam unit)
Has our judicial system lost sight of upholding the constitution and now are in the business of making money?
Where is the ACLU speaking out that due process isn’t being followed in our courts? Where are the product liability attorneys for those of us that the “SCRAM” unit is ripping apart our skin causing bleeding, infection, and scaring such as in my case?
There seems to be a attorney on every street corner waiting to file suit in a auto accident, spilling coffee on yourself at McDonalds, or finding mouse poo in your taco at Tacobell.
Where is the attorney that can see the injustice and the cruel and unusual punishment? Where is the attorney filing a lawsuit in behalf of all of use that have bleeding, infections, and scaring from AMS’s product?
For those attorneys that have the moral standards to stand up and take the bull by the horns contact me please. Are all the “Erin Brockovich” of the world gone or just waiting for the parade to start?
worthjp@yahoo.com is my e-mail address. I welcome any and all comments.
PJ....I am wrongfully accused....
I would like to contact you, because I have an idea and would like to hear your opinion.
I am wearing the alcohol tether for nine months (should have been of in May, but they accused me of obstruction) and I do have scaring and somekind of infection. I have to find out what the doctor will find on bacteria scrawling on my skin!
I will talk to you soon.....so long.....
I recently went through a medical exam that included 3 injections (influenza, hepititis A, and tetnus) I also had two tubes of blood drawn. All involving alcohol wipes prior to the needles breaking the skin. Futhermore I took a hearing test where the ear muffs were sanitized with alcohol before each user. I took exrays which require chin contact with a rest this chin-rest was sanitized with alcohol before and after each user. I also had to bite on a placement bit which was sanitized with alcohol before and after each user. two bite-bits were placed in my mouth a I have no idea how they were sanitized, but I have an idea. somewhere in all of this a "positive consumption" was detected. I was in a military installation on lock down and never out of the site of my supervisors. I am now fighting for my freedom and this website will help.
just had this piece of you know what placed on me yesterday,I am in so much pain don't know how I'll get thru work today. I will be on my feet for over 8 hrs! I have very thin legs and bony ankle and it has already caused abrasion to my ankle in less than 24hrs. I am concerned with ulcerated sores and infection. Anyone ever succede in having it removed due to medical proffesionals(doctors advice. No one has even told me how long I have to wear it and the financial aspect is just about going to break me! It is 2 of my paychecks for this thing. Obviously I don't make much and here in Florida there is no indigent fund or sliding scale for people such as myself. I will definitly keep checking this site daily to hear what people are saying. I for one and going to fight this any way that I can!!!!I am also on house arrest so I have PLENTY OF TIME!
I was lucky enuf to be on a video cam twice a day for 4 months where I blew into a breathalyser. Since I could test myself all day long I noticed a reading when I ate fresh baked bread or used paint stripper.researched biomarkers at samhsa website and it scared me to death. I understand some biomarkers have created so many false positives it was no longer recognized. From the eloquence of the posters I feel they are not demons but intelligent people caught up in the justice system for profit and my heart aches for them. The alcohol is not the problem but why we do it. Since surviving I drink at home and seldom or never go out. I am so afraid of police,prosecutors and judges. God bless the web especially his site. If you're ever free do not spend - dropout of consumerism and let it run it's course as it did in prohibition. Cellphones cause more fatalities than alcohol.
Ive been wearing one for 2 months now and am so worried about what shampoos ect.. that I use. Does anyone know if it detects asprin or other medications? My e-mail is candybell69@yahoo.com
I am a diabetic and have been wearing the SCRAM unit for 8 months now. I have been locked up twice because they said I had a 3 day binge. That is so far from the truth.What I had was a root canal and even showed my medical records. It pisses me off that it did not matter and they locked me up anyway - for 2 months - after asking for a continuance each time. My ankles have sores that won't heal. One looks like it is turning black and it may be infected. It stinks real bad and I am worried about gangrene. I honestly think it is because my entire leg hurts and my sugar level is running between 4-700. I still have to wear this thing and hnest to God, I feel like killing myself. I am innocent and this SCRAM unit keeps saying I am guilty. I have had enough.
I know all about being innocent, with no way of proving your innocent. It will cost money, but a physiologist can prove so. Three days straight, alcohol is not an amphetamine, one would certainly pass out at some time, that is reasonable doubt.
I was issued one yesterday and already I'm having problems. 1st thing I noticed is the buzzing sound is getting increasingly louder (not at all "discreet")then, because my ankles swell at night, it got really tight... I tried moving it around to a more comfortable position but that didn't help so I can't sleep due to having to make sure my foot stays elevated. The worst part is that the base is telling me to "wake up the bracelet with a magnet" I wasn't givin one! I tried using a refridgerator magnet but it didn't work. since it is now 5:30 a.m. I won't be able to speak to anyone at court ordered services for a few more hours. Another thing is that I am a bartender at a high volume bar in Las Vegas, I am terrified that I will splash some booze on my shoe, or that any that gets on my hands etc.. will cause a false positive. I only have to wear it for 4 weeks and I KNOW I will be in compliance, but I'm afraid that that won't matter.
There has to be other ways of punishment other than using faulty devices or incarceration. We need to start a petition to fight the corruption of the courts working with these companies, where is MADD in all of this corruption. I will look into starting a petition for all of us so I will keep everyone posted......
There has to be other ways of punishment other than using faulty devices or incarceration. We need to start a petition to fight the corruption of the courts working with these companies, where is MADD in all of this corruption. I will look into starting a petition for all of us so I will keep everyone posted......
The judicial system is here to make as much money as possible, home of the free off the backs of the enslaved.
Part 1
I am wearing two SCRAM's, one court ordered, the other self pay. No question the devices are flawed. I was initially court ordered to wear a SCRAM for 90-days during which the device registered 3 "confirmed" alcohol ingestion incidents. I submitted to a urine sample within 60 hours of the first and was permitted by the court to take a polygraph as additional support to my claim of not consuming alcohol; the Etg test indicated no alcohol above 500 ng/ml, and the polygraph validated I was telling the truth of not consuming alcohol as accused. To reduce the notification delay of any future false positive, I modified my SCRAM data dumps to daily after the first false positive, and followed-up with a call to the SCRAM service provider asking if any alcohol was detected. Since the company was closed on weekends, I submitted urine samples on Saturdays and Sundays. As a result of the added vigilance, I was made aware of the second "confirmed" alcohol incident the same day, and I was able to submit a urine sample within 10 hours of the alleged "confirmed" event. The Etg showed no alcohol in my system above 500 ng/ml. The probation department refused to permit another polygraph test to further validate my innocence. They did, however, extend by 45 days the length of time required to wear the device, of course, with the additional charge. After the third false positive, I attempted to have a second SCRAM affixed to my other leg by an independent SCRAM service company. Initially, I was denied since it was "against company policy" to allow 2 of the same devices on one person? If that is not a smoking gun, I'm not sure what is? I was finally able to find a SCRAM service provider to affix the second SCRAM device, and I alerted the court-ordered SCRAM service provider of the second device. In the five weeks prior to having the second SCRAM, I had 3 "confirmed" alcohol violations reported to the probation department, subsequently, there have been none? However, now I am now facing a "confirmed" tampering charge a charge which occurred during the 45-day extension period? Absent a video recording, there is absolutely no defense against a tampering allegation! At this point, all I can do is laugh and cough up more money to my attorney. I have the second device that shows no alcohol in my system fortunately, but I'm sure the probation department and prosecutor will not accept data from a non-court ordered SCRAM provider....we will see Friday. I've had the second device for 5 weeks now, and during that time, I've had 2 separate "tampering" notifications with the self-pay SCRAM, both of which could not be explained. The science behind the SCRAM is funded by SCRAM, and has been convincing enough to pass the Frye test in some states. Unfortunately for those that are wrongfully accused by the SCRAM device, most don't have the knowledge, energy, time or money to fight back. You all wearing the device are easy targets for the manufacturer, and your local court system. The probation process (delayed notification) renders urine, blood and breath screening useless, the courts limited acceptance (at its own discretion) of polygraph tests, and corporate policy prohibiting 2
Part 2
SCRAM's on one individual afford those wrongfully accused of SCRAM probation violations, no defense. I know if the SCRAM device were in an automobile, used in the health care industry, or any other private sector industry, the company would be bankrupt from product liability or warranty claims. I say that as an "claims specialist" providing expert testimony in product liability cases. SCRAM hides behind the protection of the courts and it's self-funded scientific studies. Based on my personal personal experience, anecdotally through you all, and via its own company policy prohibiting a second device, the science is wrong or certainly not sufficiently reliable as a basis for proof. I hope this finds some enterprising lawyer willing to take up the fight and file class-action against SCRAM on behalf of the little guy and gal wrongfully accused daily. I am certainly willing to testify, and with two devices and 6 false positives, I believe I'm pretty credible witness.
terima kasih
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