SCRAM:Judge Finds Scram To Be Unreliable!
Judge Dennis Powers of the Novi District Court in Michigan found that an alcohol monitoring device frequently used in drunk driving cases to compel sobriety lacked scientific reliability, according to Patrick Barone of Birmingham Michigan, the defense attorney who successfully argued the case. The new device being examined by the Court, commonly referred to as a SCRAM Device, is an ankle bracelet worn by drunk drivers who are on bond to continuously monitor alcohol use. It has been recently used in 23 states for drunk driving cases. According to Barone, the unreliable device has caused many people to be mistakenly taken back into custody based upon flawed readings.The ruling, which is considee fi the country to thoroughly examine the reliability of the device, came after two days of testimony from Jeffrey Hawthorn, the patent holder, and Dr. Michael Hlastala a nationally known physiologist from the University of Washington. The SCRAM device's reliability was called into question after the Oakland County Prosecutor's Office sought to revoke the bond of defendant Lisa Glaza, who has been charged with drunk driving causing death, and as part of her bond conditions was ordered to wear an ankle bracelet manufactured by Alcohol Monitoring Systems called a Secure Continuous Remote Alcohol Monitor, or SCRAM bracelet. The prosecution claimed that Ms. Glaza had consumed alcohol over a two day period while on bond, based solely on the SCRAM results. Because Ms. Glaza denied drinking, Southfield attorney Mark Satawa had Ms. Glaza take a polygraph examination, which she passed. Mr. Jeffery Hawthorn asserted that his company's SCRAM bracelet has never had a false positive. Mr. Hawthorn explained that the bracelet measures the amount of alcohol in the wearer's body by measuring perspiration. The science of measuring alcohol in this way has been around since the 1930's, but his product has been on the market for only about one year. Mr. Hawthorn claimed that the readings from Ms. Glaza's bracelet clearly showed not only a pattern associated with a drinking episode, but also that she had attempted to block or tamper with the device during this same time period. Dr. Michael Hlastala told the Judge that the readings from the device looked more like instrument drift than drinking. "The numbers just don't add up", stated Hlastala. "It is biologically impossible for the metabolism of alcohol to have produced the readings Ms. Glaza's bracelet did in this case". Dr. Hlastala also offered other causes for the SCRAM readings, such as food converting to alcohol inside the body, and that the SCRAM device uses alcohol measuring technology that has been shown to be non-specific for beverage alcohol. "Consequently, certain kinds of cosmetics and other things can trigger a positive reading. Looking just at the numbers it's impossible to know if they are from drinking or if the numbers mean something else", stated Hlastala. Mr. Barone stated that this SCRAM bracelet has probably never been subjected to this kind of scrutiny in Court. "Unfortunately, there are at least several hundred people in Michigan alone that a face loss of liberty after being falsely accused of drinking while on bond", states Mr. Barone. "Until the SCRAM bracelet has been properly studied by the scientific community it simply shouldn't be used. The Courts have really jumped the gun on this." Mr. Barone believes that Judge Power's ruling will cause government agencies throughout the country to re-think their use of the SCRAM bracelet, until its reliability can be accepted in the scientific community.
From:
http://www.mi-drunkdrivinglawyer.com/michigan-state-dwi/michigan-judge-finds-alcohol-monitoring-device-to-be-unreliable.htm
Secure Continuous Remote Alcohol Monitor, the ankle bracelet is being used in Mecklenburg's DWI Treatment Court to check the sobriety of repeat offenders who sign up for the voluntary rehabilitation program.
Tourtellott saw SCRAM at a national conference, then she tested it herself.She soaked it in a shower to see if it would malfunction. She put a business card between her ankle and the bracelet to fool it. But the monitoring report showed everything -- every drink, every attempt to tamper.
http://www.bradenton.com/mld/charlotte/news/12280974.htm
posted by marcellus91872 at 11:51 PM
38 Comments:
I'm impressed by your intelligence on this subject. You have posed yet another description of just how screwed up our court system really is.
I THINK IT IS A DANGEROUS DEVICE. I ALMOST FELL DOWN THE STAIRS COUNTLESS TIMES BECAUSE OF THE POORLY DESIGNED STRAP AROUND THE BACK OF THE DEVICE.
T.W.
pa
If the backstrap is more than an inch you may be vulnerable to "confirmed obstruction" charges.My first obstruction I was sleeping on my back and the backstrap pushed the unit a little forward.Of course,the time I had witnesses they didn't take me to court!
This comment has been removed by a blog administrator.
If your are writing an article impeaching the scientific basis of a technology, a basic understanding of scientific concepts would be helpful. Reliability refers to the degree to which a measurement device produces the same result on repeated measurement of the same sample or the degree to which different observers using the same device agree on their measurement of the same sample. The issues addressed in the article have to do with the broad concept of scientific validity and specifically with the question of the sensitivity and specificity of the SCRAM technology. There are decades of research supporting the validity of the technology underlying SCRAM and a great deal of recent and ongoing research (both sponsored by AMS and independent of AMS, e.g., the Pacific Research Institute in D.C.) which document the validity and measure the sensitivity and sensitivity of the SCRAM application. Scientific validity is no based upon judicial hearing results. All your article demonstrates is given enough defense attorneys making enough arguments to enough judges, sooner or later they will find a judge who accepts their argument. The probability of this happening by pure chance at least once given enough time is 100%. So what is the big deal? You still have not demonstrated "scientifically" that the readings in this case represent a false positive SCRAM interpretation.
Well DOC, I hope you use more integrity at work than you have here! This case was one client, multiple (proven) false-positives on different bracelets- please define reliability again! The fact is I was a victim, and I am against the way they use SCRAM, not the use of it.
The big deal is that in the country I was raised we were "Innocent until proven guilty" remember. Using the device in compliance with the Constitution (specifically the Sixth Amendment) we would find truth. Truth is yes alcohol emits transdermally, it is also in your everday life and cannot be avoided. Fuel, Purell, laundry soap, etc..., it is sickening to see mothers lose their children for cleaning a bathroom, and it happens. So DOC, I hope you can avoid the injustice of such, and really work on that integrity thing
http://convictedinnocent.blogspot.com/2007/01/scram-judges-review.html
Does anyone know or has anyone considered suing the company. I have been found in a similar situation. My boyfriend has been accused of drinking (when he in fact did not as I was with him during the time they said he registered twice the legal limit) he has been sober for 14 months. He is now sitting in jail because of the faulty scram reading. I am a first year law student and hate to think that this is what our court system has become. Please provide me with contact information or attorney information. We are planning to move forward with a lawsuit. Thanks for any information anyone can provide.
Please would any of you contact me with information or your contact info? I am in a similar position with my boyfriend and we are trying to gather data..
My e-mail - Jess738@aol.com
Springer3
I also am on scam and spent a day in jail and money out of my pocket for a false reading and also none contacts,i told them it was there unit not calling in they looked at it and said it was fine a month later they called me in and changed my unit,,,i have made friends with one of there people and got him to tell me why they changed it and he said it was because it was giving to many false reading.My ? is so how do i keep from going to jail for 6months for my false reading on a broke scam unit...My case is geting ready to go to court i need some help i have been sober for two years and my conviction was not even drinking related the DA just put this in my probation,,said it would cost 250 to 260 but it is costing me $460 a month,i need help any ideas would be helpful.
Email:springer3@charter.net
Please, if you are serious about fighting the scram injustice as read in all these blogs, please write me (i am not a lawyer) at fightscraminjustice@gmail.com.
Please give your history while wearing your scram bracelet, along with any incidental information that might be helpful.
We cannot win alone, but in numbers we can. With you in this fight against injustice.
My son has been in jail for a week now because of an incorrect reading on his SCRAM (SCAM) bracelet. He has a defense attorney but I am currently searching for an attorney to sue this company because he wasn't drinking and begged for blood tests but his Probation Officer refused and sent him to jail anyway. He wants to take a lie detector test to prove his innocence. This company and the judges and Probation Officers that support it are the ones who should be in jail.
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I've been on the scram now for three weeks and I already have a false reading with absolutely no alcohol intake in over a year, I was blown away to hear the news its not a "confirmed alcohol" event yet I have to call back on monday but I'm scared to death and feel this is wrong on so many levels.......
Please, if you are serious about fighting the scram injustice as read in all these blogs, please write me (i am not a lawyer) at fightscraminjustice@gmail.com.
Please give your history while wearing your scram bracelet, along with any incidental information that might be helpful.
We cannot win alone, but in numbers we can. With you in this fight against injustice.
Does anyone else have problems with their unit just stop working. This is the second time my bracelet has shut off on me. I felt it vibrate last night before I went to bed and I woke up this morning and took a shower, went to manually download it and it never responded. Also while I was in jail I talked to a guy who said there is an attorney in Texas who is bringing up a lawsuit. I am not sure if it is true or not, I'm just throwing that out there.
I am starting my SCRAM bracelet tomorrow (11/12/08) and am sentenced to 45 days with it on (which is a bummer because I love wearing boots...jk ;). Anyways, I was wondering if someone can give me some OBJECTIVE advice and views (i.e. Can I take hour-long baths?, can I use household products with bleach and harsh chemicals to clean my house? What can cause false positives? Can I clean my ankle easily? Does it give you rashes and if so can I put cortizone on the rash without "tampering"? what is considered "tampering" and what could be mistaken for "false tampering"? I got a DUI a year and a half ago and my new lawyer got me the SCRAM bracelet in lieu of community service, I honestly do not drink at all because 1) I hate it and 2) I have a kidney disorder that enables me from having a "real life" because of all the pills I take, hospital visits, and dr's office visits for bi-weekly fluids. I am also a HUGE klutz and fall over all the time and ram klutzy ankles into everything (it is briused as I type haha) so if ANYONE can give me some info it will be much appreciated! Thank you!
Kait
Baths are not an option, and make sure you check any soap or cleanser you clean with. My opinion, they know external contaminents cause false-positives (hence the contract) and you may be trapping small amounts of any type of alcohol (SCRAM cannot tell between isopropyl or other contaminents) in a device that reads 15000:1. I.E. A breathylyzer reads 2100:1.
I know the positive I beat was gasoline, the one I couldn't may have been dead skin from the abrasions, string from a towel or simply a pant leg or sock.
Cleaning never caused me a positive, but after 3 erroneous reads and painful infected abrasions I stopped life to get it off me!
Read the label, I refused to treat my wounds, at that time I'd rather die from infection than give the pigs that put it on me another dollar.
A tamper is anything that gets inbetween the bracelet and your leg. They stated in my hearing that a tamper is not confirmed until the 6th hour. Was told to set my alarm every 4 hours and check my status! The bracelet faling down your leg may register as well.
those DR. visits may be of help to you, good luck, they claim 84% make it through unharmed!
Marcellus
wow, well then I guess my dr's visits will help! Thank you so much for your knowledge, sounds like this thing is inaccurate and a bitch altogether. I read on the website that it was $5 a day- then I called them and it's going to be around $1,500 for the full 45 days (that's on top of over $4,000 in lawyers and classes JUST to keep my ass out of jail!). Seriously though, the jail systems are 80% filled with non-violent drug related offenders... so if I could give our justice system some advice it would be to go catch the murderers, rapists, child molesters, and CEO's of corporations that use people's defiled retirement funds to get $500,000 massages at the St. Regis and go on million dollar quail hunts in England. I don't believe drinking and driving is acceptable in society and take full accountability for my actions- but if I was a millionaire I know for a fact my case would "mysteriously disappear" due to "annonymous" funds suddenly appearing in the DA's bank account. To me, S.C.R.A.M. bracelets and ROBOcuffs are just a big fat joke to pay ludacris amounts of money to them to be laundered around the "justice" system. How else would these poor unfortunate legal officals afford their Armani Suits and limited edition alligator skin Gucci dress shoes? POOR THEM!
Ha!
Kait ;)
Don't get me wrong, I don't believe the device was inaccurate. Those reads were of something, something other than consumption or deliberate tampering! Luckily that was years ago, not every judge uses SCRAM as evidence. Technically, the system doesn't meet the standards of Daubert here in Michigan, yet it is still used.
This device is garbage on both sides of the scale. My wife just got a clean reading on a download and she has been drinking like a fish with a sock on. The download did not detect the tamper, the drop in temperature or the alcohol. I am paying for what amounts to a piece of masking tape on her skin and it is just an irritant.
My brother just got put back in jail after it read that he was drinking and he had not been drinking. He was on a Vicks Vaporizer with vapo steam in it. it has 78% alcohol in it. Can anyone tell me how we go about beating this case?
contact me at brashers1031@cox.net
My brother just got put back in jail after it read that he was drinking and he had not been drinking. He was on a Vicks Vaporizer with vapo steam in it. it has 78% alcohol in it. Can anyone tell me how we go about beating this case?
If the vaporizer was not prescribed by a doctor than you failed to comply with the contract which is contempt
My ankle bracelet stopped vibrating yesterday what does this mean? Am I still being monitored and if not will I go to jail. I was given no instruction. I've been wearing the device for 10 days and don't return for an upload until Friday!!!!!
the battery is probably low, it can still take reads if so. You should call your monitoring office.
i am getting the scram bracelet on in 38 hrs can i have a drink before i get it on? annonymous
i am getting the scram bracelet on in 38 hrs can i have a drink before i get it on? annonymous
i am getting the scram bracelet on in 38 hrs can i have a drink before like say the next few hrs?
i am getting the scram bracelet on in 38 hrs can i have a drink before like say the next few hrs?
i am getting the scram bracelet on in 38 hrs can i have a drink before like say the next few hrs?
I've had my device on for two months now. It has never gone off or given me a false positive. BUT! The loud sound it makes is completely frustrating. The SCRAM website states "When the SCRAM bracelet takes a reading every 30 minutes, a light buzzing sound can be heard but is discreet."
When I first stared wearing it, the sound was discreet. Sounded like a cell phone on vibrate. As time goes on, the device gets louder and louder as if the buzzer is working loose. I work in an office and attend many meetings. When the device goes off, people across the room hear it. It sound more like a large massager, then a phone. Quite often, people look around the room to see where the sound came from. I have exchanged the device once, and after time, it got loud again.
If you're out in busy places, this goes unheard. Quiet settings like church, movies or board rooms... you will be easily heard.
I understand it's a punishment. But the goal is to keep me from drinking, NOT to jeopardize my job or annoy all around me to no end. It even wakes up my wife at night.
Be warned.
i have recieved a false positive for going to a concert (indoors) and drinks were spilled on the floor. the scram unit gave a positive reading and i did not drink. we could smell the alcohol but didnt think much of it. until 2 days later my case mgr. calls me asking what happened. i explained and he told me he has no choice but to notify my judge. this is a huge injustice to me and my family if i get arressted for a false positive...something needs to change now!
Atually, in my experience you are more likely to get a false-positive from a freshly mopped floor than spilled beer, content is higher, however if it is freshly spilled?...
Ive had the scram bracelet on for 41 days and no false positives or positive readings whatsoever ..however today it has stopped vibrating and the home modem monitor read my bracelet very quick but didn't dial out ok so what does this mean ? it vibrated one time in the last 3 to 4 hours shpuld I be worried?
Saw a post with your email address. Would you be interested in joining a class action lawsuit?
Hello To All:
I wanted to send notice out to everyone to let them know that a third class action lawsuit was filed on July 28, 2017 by the Law Offices of Edwin I. Aimufua. In this federal class action lawsuit, Defendants Scram of California, Inc., and Alcohol Monitoring Systems, Inc., are violating the federal constitutional rights of people of Scram Alcohol monitoring, as well as ones that are no longer on Scram.
In the United States District Court, Central District of California, the case Jennifer Oh, et al., v. Scram of California, Inc., 68 parties are being sued for violations of the First, Sixth, and Fourteenth Amendments to the United States Constitution.
For those who are victims of ANY scram violation, no matter what state that you reside in, jurisdiction rests in the Federal Court of Los Angeles where the Defendants conduct their business. This case is premised on delayed reports by the Defendants. Scram, AMS and other alcohol monitoring companies are waiting two to three weeks to inform the person on Scram that they allegedly violated their Scram conditions. In some instances, Scram and AMS have waited two months to inform the person wearing Scram. Thereby it denies the person on Scram to go get a blood test within the window of opportunity of 24 hours to show the person has not consumed any alcohol.
Now Scram of California, Inc., must pay the piper for this one, and pay millions of dollars in this class action based entirely on the fact that their is no prerequisites to a federal lawsuit, and no ordinance applies to the federal constitution. Nothing.
This case is open and shut, and now we shall see who comes out on top as the winner. Thank you to Anthony Oliver for putting this all together.
The case is: Jennifer Oh, et al. v. Scram of California, Inc., United States District Court Case # 17-5588-CAS-PLAx
Thank you.
Anthony Oliver
(818) 624-2504
Hello To All:
I wanted to send notice out to everyone to let them know that a third class action lawsuit was filed on July 28, 2017 by the Law Offices of Edwin I. Aimufua. In this federal class action lawsuit, Defendants Scram of California, Inc., and Alcohol Monitoring Systems, Inc., are violating the federal constitutional rights of people of Scram Alcohol monitoring, as well as ones that are no longer on Scram.
In the United States District Court, Central District of California, the case Jennifer Oh, et al., v. Scram of California, Inc., 68 parties are being sued for violations of the First, Sixth, and Fourteenth Amendments to the United States Constitution.
For those who are victims of ANY scram violation, no matter what state that you reside in, jurisdiction rests in the Federal Court of Los Angeles where the Defendants conduct their business. This case is premised on delayed reports by the Defendants. Scram, AMS and other alcohol monitoring companies are waiting two to three weeks to inform the person on Scram that they allegedly violated their Scram conditions. In some instances, Scram and AMS have waited two months to inform the person wearing Scram. Thereby it denies the person on Scram to go get a blood test within the window of opportunity of 24 hours to show the person has not consumed any alcohol.
Now Scram of California, Inc., must pay the piper for this one, and pay millions of dollars in this class action based entirely on the fact that their is no prerequisites to a federal lawsuit, and no ordinance applies to the federal constitution. Nothing.
This case is open and shut, and now we shall see who comes out on top as the winner. Thank you to Anthony Oliver for putting this all together.
The case is: Jennifer Oh, et al. v. Scram of California, Inc., United States District Court Case # 17-5588-CAS-PLAx
Thank you.
Anthony Oliver
(818) 624-2504
I would love to join the class action lawsuit
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