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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118070
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I am on probation for a DUI and am ordered to wear a Scram

Customer Question

I am on probation for a DUI and am ordered to wear a Scram bracelet. I have been sober for 16 months. Sometime around October 11th or October 12th my internet/phone service was interrupted because the router was dissconnected. The modum was still working. I was unaware of it. The phone runs off the router and my Scram is connected into the phone for the readings. On Thursday, 10/13 I realized the internet/phone was down and called Optimum to restore the service. That day, the Scram office called to find out where I was on Tuesday the 11th. I told her I was at attending an AA meeting. One week later, on Thursday 10/20 I had a call from probation and requested that I come in immediately. Apparently on Tuesday the 11th, at 9 PM they had a positive reading of alcohol consumption that increased over the next 12 hours. My question is how could this reading be correct or indeed they have any reading if indeed my internet/phone service was not working during this time? I have a record from Optimum of when the service was restored but they cannot go back and find out exactly when the service was interrupted. If there is no service how can Scram have any readings at all? Do you know anything about the technology of the Scram reporting or knowledge of any other similar false readings?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: NY
JA: Have you talked to a lawyer yet?
Customer: yes, he said to do some research on the phone/scram device technology and if there are other similar false readings on record that are related to interruption of internet service, so that is what am trying to accomplish
JA: Anything else you want the lawyer to know before I connect you?
Customer: no nothing else
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
There are generally many reports throughout the US of false SCRAM readings and the system is not perfect, but if you have proof that your internet was disabled and you have the information from Optimum in writing, then that proves the readings cannot be correct because your unit was not transmitting during those times as the internet was not connected.
The issue is you would need a local computer expert to check your home computer which would have logs as to when your internet went out on that date and when it came back on and that is how you will prove these readings are false.