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Scram tether

Discussion in 'DUI, DWI, BUI, Drunk Driving' started by Jodileigh Dougherty, Dec 17, 2019.

  1. Jodileigh Dougherty

    Jodileigh Dougherty Law Topic Starter New Member

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    Jurisdiction:
    Michigan
    I am a member of a drug court program in Livingston county michigan and am being brought charges of violation of probation by way of tampering with a SCRAM tether and consuming alcohol. I am innocent of these actions and have used an interlock device during the time of the allegation, as well as passed a lab tested ETG 32 hours after the "consumption" event. I have not yet been granted a court appointed attorney but was told that the evidence listed above was not sufficient enough to prove innocence. The tether alerted for alcohol at several levels from 8 am to 130am, I used my interlock at 830, 1030, 11, 330, 4, 945, and the last point 1028. The probation department is stating that the peak level of consumption took place at 1028 pm to 130am and because I was at home sleeping I do not have breathalyzer screenings to prove my innocence. They stated they would take the ETG into consideration if the test would have been done within 24 hours, even though it can detect alcohol in your urine up to 80 hours. My thought is that my best bet is to prove the tether is ineffective. If anyone has any evidence that can support this theory or advise in general I'd appreciate it.
     
  2. army judge

    army judge Super Moderator

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    Stop discussing any potential criminal charges with ANYONE but YOUR attorney.

    You have a RIGHT to remain silent.

    Don't solicit opinions on your legal options with anyone but licensed Michigan attorneys.

    The state has the burden of proof.

    A defendant isn't required to prove or disprove a darn thing.

    Your lawyer should work with you to develop your defense strategy.
     
  3. Jodileigh Dougherty

    Jodileigh Dougherty Law Topic Starter New Member

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    They are saying that the science of the tether is their proof, the fact that I'm an alcoholic and in this program proves that I will relapse, and they dont have to prove beyond a reasonable doubt because I am a criminal
     
  4. flyingron

    flyingron Active Member

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    There are definitely attorneys in Michigan (you can find them by googling scram tether) that specialize in defending your exact situation. They know the expert reasons that SCRAM can fail and have experts that can interpret your ETG and other testing. Alas, we're not going to be able to provide that information in the form of internet advice.
     
  5. Jodileigh Dougherty

    Jodileigh Dougherty Law Topic Starter New Member

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    The only lawyer I could find that specalizes in scram tethers does not practice in Livingston county. Also I'm dirt poor and the least expensive attorney I could find was $1100. I'm innocent and trying everything I possibly can to prove it. I understand that no one is going to defend me for free, I was just trying to find out if anyone knows of any precedent that I can research or present to my court appointed attorney I will get.
     
  6. army judge

    army judge Super Moderator

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    Let me attempt to be clearer.

    You are under some form of PROBATION, as you chose to enter the court sponsored alternative sentencing program.

    The standard to revoke a person's probation or parole is lower than the one used to convict you originally.

    Again, you should only discuss any aspect of your concerns about the dilemma facing you with Michigan licensed attorneys.

    You can contact the legal clinic at any law school about defending you.

    You'll be happy about their responses.
     

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