SCRAM: Case Study
Washtenaw County-
Client obtained PBTs on Friday and Saturday mornings to try and show he was not drinking. Events seen later on days he obtained readings. Bracelet showed compliance at the time of PBT but drinking later in the day. Client sentenced to one year.
Why did the client try to prove his innocents? Probably because the prosecution was not looking for corroborating evidence.
41-B District Court-
Client claimed interferents in workplace created positive readings. Interferants were posted but AMS showed the difference between interferant readings and the predictable Blood Alcohol Curve. Client sentenced to 30 days followed by additional 6 months of SCRAM.
The ever so trusty TAC curve, not corroborating evidence!
40th District- SCRAM showed positive drinking. At hearing client admitted.
Client was most likely offered an easy sentence for the plea, rather than throw the dice. One wearer contacted me ready to fight, the plea offer was a $250 fine, as opposed to incarceration. See also Plea Bargain.
http://convictedinnocent.blogspot.com/2006/04/law-plea-bargain.html
KIRBY MAY-PROSECUTER SHELBY COUNTY TENNESSEE-May, who specializes in drunken-driving cases, has found the round-the-clock, 6.5-ounce monitor only slightly annoying — it tends to vibrate every five minutes and creases the skin if not positioned just right. Still, he's sold on it.''It's not for every case, and it's not really to punish,'' said May, who's kept a log of his alcohol intake to test against the monitor. ''But if someone's in rehabilitation and in (driving) safety school, it helps break that drinking habit.
Client obtained PBTs on Friday and Saturday mornings to try and show he was not drinking. Events seen later on days he obtained readings. Bracelet showed compliance at the time of PBT but drinking later in the day. Client sentenced to one year.
Why did the client try to prove his innocents? Probably because the prosecution was not looking for corroborating evidence.
41-B District Court-
Client claimed interferents in workplace created positive readings. Interferants were posted but AMS showed the difference between interferant readings and the predictable Blood Alcohol Curve. Client sentenced to 30 days followed by additional 6 months of SCRAM.
The ever so trusty TAC curve, not corroborating evidence!
40th District- SCRAM showed positive drinking. At hearing client admitted.
Client was most likely offered an easy sentence for the plea, rather than throw the dice. One wearer contacted me ready to fight, the plea offer was a $250 fine, as opposed to incarceration. See also Plea Bargain.
http://convictedinnocent.blogspot.com/2006/04/law-plea-bargain.html
KIRBY MAY-PROSECUTER SHELBY COUNTY TENNESSEE-May, who specializes in drunken-driving cases, has found the round-the-clock, 6.5-ounce monitor only slightly annoying — it tends to vibrate every five minutes and creases the skin if not positioned just right. Still, he's sold on it.''It's not for every case, and it's not really to punish,'' said May, who's kept a log of his alcohol intake to test against the monitor. ''But if someone's in rehabilitation and in (driving) safety school, it helps break that drinking habit.
posted by marcellus91872 at 1:00 PM
4 Comments:
I believe I am a victim of a false positive reading. Although I did not drink I was sent to jail for 2 weeks and treated as a liar.
I too had skin erratation. To the point of having open bleeding wounds.
My friend had a false-positive reading. He is a diabetic and had dental work done which set up an infection. The reading showed he was drinking for 3 days, which was 2 days after his oral extractions. He is still in jail. He has not drank since 2009. The SCRAM report study done by Pacific Institute for Research and Evaluation showed the SCRAM detected BAC in 57% of all BAC events. This means 47% had false-positive rating. If diabetics produce alcohol, why in the world would a court allow an offender to hang himself when it will show internally produced alcohol?
Since AMS claims they can distinguish between exposure and consumption, the zealous people that run our legal community believe them. Probably got a document stating you will be afforded a hearing to prove why you should not be held in contempt of court. Simple, three days of drinking with no sleep, this isn't amphetamines we are talking about here! Shame to see after 6 years, they still continue to screw the people that vote for them with this contraption!
i have just been placed on this device i do not live in the county that i was charged for DUI it was either drive 120 miles 2x a day everyday or use the scram device or stay in jail. i will keep you updated on how i fare. wish me luck
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