There are many reasons not to trust the alcohol breath test machine that is used by the Government. For starters. it really does not test for alcohol. What it is really testing for is a chemical compound that contains the methyl group in its molecular structure. This includes many common things we eat like bread. Sounds unfair huh? Also, it discriminates against woman. In other words, if a woman and man drink the same amount and weigh the same the machine will register the woman with a higher reading. Also, in Houston, Harris County, Texas there was a case where a supervisor of several machines was convicted of tampering with them Even more recently, an Arizona police officer that was in charge of the machine has been suspended for falsifying the records that accompanied the machine. It is no wonder that more and more people are skeptical of providing a breath sample when requested of them.
A lot of discussion has occurred amond Houston DWI lawyers the last of couple of weeks concerning the DWI Pretrial Diversion Program around the Harris County Courthouse. Luckily, this has also opened the door for other types of cases to be more easily considered for pretrial diversion. I have personally encountered prosecutors being receptive to a pretrial diversion for theft, possession of marijuana, and possession of cocaine cases. In the past, a request for a pretrial diversion was akin to asking for a prosecutor's first born in Harris County, Texas. For the sake of anyone accused of a crime I hope this trend continues. Most criminal lawyers know that a theft or shoplifting case is one of the very few misdemeanor crimes that are considered to be "crimes of moral turpitude." Thus, it is imperative that you hire a Houston theft Lawyer.
If you have any questions regarding your shoplifting case do not hesitate to contact me at (713) 242-1779.
Despite being a criminal defense attorney in Houston this news does not make me feel any better, but the Detroit Crime lab is experiencing similar issues that Houston's crime lab faced. Hopefully, Detroit will look to Houston for guidance in trying to clean up a crime lab.
I wonder what it will take before the general public will view this type of evidence more closely before potentially convicting an innocent person.
The courts of Harris County, Texas are always attempting to monitor a person's alcohol consumption when charged with a DWI. There are several reasons the court attempts this, mostly it is because as a condition of probation a person is not allowed to consume alcohol. Another is because a person has been previously convicted of an alcohol related driving offense and now there on bond in their court. The ways the court has tried to do this include:
- by ordering for urine analysis,
- random alcohol screenings,
- installing breath reading equipment in your home or vehicle (interlock), and
- ordering the SCRAM Device
The SCRAM (a Secure Continuous Remote Alcohol Monitor) allows the court to monitor your alcohol intake continuously.
When the SCRAM device is ordered by the court, a person will be fitted with a tamper-resistant ankle bracelet made up of two boxes. One box will conduct the tests that will compute your BAC (blood alcohol content). The second box stores the calculations and transmits the data. The SCRAM device is designed to test your BAC level every hour. If the device detects any alcohol in your system, the test repeats every thirty minutes.
There are many different reasons the court orders a SCRAM to be installed. The reasons include being convicted of alcohol related offenses in the past; a person states that do not have a vehicle to install the guardian interlock, or a judge that finds it to be the best way to monitor an individual.
The SCRAM device is expensive. You will have to pay a refundable $100 deposit, a $75 fitting fee, and a weekly fee while you are wearing the device . Most importantly, the fees must be paid in full before the device is installed and fitted.