QUESTION
Is it against someone's rights to have to wear a SCRAM bracelet before they are actually convicted of a DUI?
Asked on Oct 29th, 2012 on DUI/DWI - Michigan
9 ANSWERS
James Edward Smith
No.
Answered on May 21st, 2013 at 1:12 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
4 Awards
Not necessarily. A Judge could decide that if someone is a repeat offender, or was in a bad accident when charged with a DUI, that either they have to post bail, remain in custody, attend AA meetings, etc. Many people would prefer the option of wearing a SCRAM device as opposed to remaining in custody or post a high bail. How many prior DUI's do you have? What county is your current DUI charge in? And were there any aggravating factors in the current case (ie. accident where someone was injured).
Answered on Nov 02nd, 2012 at 12:11 AM
Litigation Attorney serving Kalispell, MT
at
Law Offices of Scott G. Hilderman PC
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No. New legislation allows SCRAM as a condition of Release. You can refuse it but then you will be denied bond.
Answered on Nov 01st, 2012 at 2:19 AM
Yes, as a term of OR (for not imposing bail).
Answered on Nov 01st, 2012 at 1:18 AM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
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No. It may be a condition of your release. If you don't want the SCRAM bracelet, then the judge could up your bail, resulting in your staying in jail until trial.
Answered on Nov 01st, 2012 at 1:05 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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As a condition of bond ... it's permissible
Answered on Nov 01st, 2012 at 12:54 AM
Michael J. Breczinski
Not if it is a condition of bond. The judge can make it a condition of bond and it is legal.
Answered on Nov 01st, 2012 at 12:53 AM
Michael Paul Vollandt
Could be a condition of release from custody (O.R.). If so, then you either ware it of bail out.
Answered on Oct 31st, 2012 at 11:41 PM
Judges can order many things as conditions for release prior to trial. It is common to order alcohol testing as a condition of release.
Answered on Oct 31st, 2012 at 11:40 PM