Alcohol & Drugs: DUI, DWI SCRAM Issues. NEED HELP!

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toddoh

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Hello.
I'm a 43 year old husband and father of 2. I was a casual drinker. On July 29th I got pulled over for a burned out license plate light and was arrested for DWI (first offense). I went through the process and received 10 days in jail, AA 5 times a week, 18 months probation and SCRAM for 90 days. I made the decision to stop drinking completely and have not since my arrest in July. All has been going very well until January 9th when I received a summons to appear for probation violation. They stated I had a SCRAM obstruction on Jan 5 from 7:28am to 9:13pm and they detected alcohol but not enough verify a drinking event. I am completely innocent and have the people to prove it. However I am scared to death. My 90 days are up on January 18th. Now I have a court date on that day. I need to defend this to prove my innocence. I requested my recorded data from House Arrest Services but they will not comply. My PO says she does not have that information. Why was I not contacted immidiately by my PO or House Arrest Services with my SCRAM alerts? By the time I received notice it was too late for me to get a blood test to help in my defense. Intentional? Ironic how everything was fine until just before my 90 day sentence is up. I have been living life as a hermit to avoid the probility of such an occurance. I am a mechanic by trade and use a variety of chemicals and cleaners at work but it never has caused a problem. Due to the cold temps that week I was wearing long underware which are tight and held the bracelet in one position so I doubt the possibility of an obstruction. What can I do?? My family and I are scared to death and just want this to be over. HELP!!
 
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You need to HIRE a lawyer.

If you can't afford a lawyer, ask the court to appoint one to represent you.

At your court date do the following:

Appear on time
Dress in business attire
Be polite and calm at all times
Plead NOT GUILTY
Offer no explanation or make no other statement
Let your lawyer do the talking and follow his/her advice
If you don't have a lawyer, ask for one
Then clam up, but remain polite
Offer no explanation in court
Do NOT try talk your way out of this (it never works)
Talking will only make things worse

Your BEST ally will be your lawyer!

Good luck!!!!
 
Thanks for your reply. I had hired an attorney for my dui and he did nothing. In fact he flat out lied to me at the pre-trial hearing. Needless to say I wont be using him. I still owe him quite a bit of money and cannot afford to hire another. So my only option is a court appointed attorney. I've always assumed that a court appointed attorney is not as good as a hired attorney. I hope I am wrong. I've been reading all the horror stories involving innocent people having their lives wrecked because of this SCRAM.
 
Thanks for your reply. I had hired an attorney for my dui and he did nothing. In fact he flat out lied to me at the pre-trial hearing. Needless to say I wont be using him. I still owe him quite a bit of money and cannot afford to hire another. So my only option is a court appointed attorney. I've always assumed that a court appointed attorney is not as good as a hired attorney. I hope I am wrong. I've been reading all the horror stories involving innocent people having their lives wrecked because of this SCRAM.

A lawyer is a lawyer.

A court appointed lawyer is a lawyer.

In most cases, a court appointed lawyer is hired privately by some, and appointed by the court to represent others.

Bottom line, choose a lawyer you get along with and trust.

If you get a court appointed lawyer, and don't believe he or she doing their best to assist you, fire that lawyer.
Yes, you can fire the lawyer, and ask the court to appoint another lawyer.
You do this in open court after advising the lawyer you want to sever your relationship.

If you want a chance at overcoming this charge, ask for a lawyer.
Forget about the past, and work on the future.
This is YOUR life, not mine.

If your former lawyer messed over you, don't you mess over yourself.
But, hey, you're free to be your own lawyer, too!
You have a constitutional right to represent yourself, or have a lawyer represent you.
Choose wisely, and work with the lawyer the court appoints.
 
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