Litigation News April 2018

This month in litigation news, a client was arrested for driving under the influence of alcohol and was charged with a litany of other traffic related offenses. Once our experienced attorneys got involved, we were able to obtain records from the police including a video, which was intended to capture the entire police altercation. After reviewing that video, our attorneys were able to find several critical mistakes made by the police officer in his arrest of our client. First, the video showed the officer waiting over 1 mile to pull the client over for the initial traffic offense. Second, once our client was pulled over, the officer asked our client to do a field sobriety test, but conveniently did the test outside the shot of the video. Third, in the video, you could hear the officer’s laid back attitude, jokes, and other comments regarding our client’s performance during the field sobriety test that was in clear contradiction to what was on the officer’s final report. Because of the officer’s mistakes, our attorneys were able to convince the Assistant State’s Attorney to dismiss the DUI in exchange for payment of the fine for the initial traffic violation. Portner & Shure attorneys will go to great lengths to investigate your case and prove your innocence.

What a SCRAM

            When an individual has multiple DUI convictions on their record, a judge favors additional stipulations during their probation period. These disciplinary methods may include curfews, in-home visits from a probation officer, ignition interlock devices, possibly even a SCRAM bracelet.

Now what exactly is a SCRAM bracelet? SCRAM stands for Secure Continuous Remote Alcohol Monitoring. It is a device that is fastened around one’s ankle. It is able to detect alcohol consumption by measuring perspiration levels.

           For the most part, the devices are fairly reliable. They can indicate even the smallest amount of alcohol. SCRAM bracelets work essentially the same as a house arrest bracelet works with perimeters. When alcohol has been detected in your system, it alerts your probation officer. Although the bracelet has been known to be pretty accurate, there have also been several cases of false positives. Do not get stuck with a harsher punishment because your bracelet generated a false positive.

           If you or a family member have been charged with a DUI in the state of Virginia and would like a free consultation, or if you would like more information about DUI’s, please do not hesitate to contact our office at (703) 916-1227 and schedule an appoint at one of our several locations, or visit our webpage at http://www.portnerandshure.com/Maryland-Criminal-Defense/Maryland-DUI-DWI/Virginia-DUI-DWI.shtml