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Can I get my SCRAMM device removed early?
Anonymous5 views3 answers
I was sentenced on May 15th to have scramm device on for a 2nd ovi charge until the end of my case. My case is may 31st, but my lawyer thinks it will be extended past that. Can I ask the judge to remove it (will be on for 2 weeks on may 31st). It is costing my $13 a day and I am a full time grad student and an unpaid intern and just don't have the funds to afford it.
Were you sentenced? Or is this a condition of your pre-trial release? Sounds like pre-trial release if your case is not over and may be extended.
Here's the thing, you were ordered to get a SCRAM device because the judge is concerned that you will continue to drink and drive since this is your second OVI. Surely you can ask for it to be removed, but the judge is not likely to do so, regardless of your financial hardship. The judge can easily say fine, if you cannot afford SCRAM, you will be held in the jail until your trial.
I have found that for my clients, if they get into a treatment program and show progress, for example, a month of sobriety and keeping all appointments, in addition, getting an ignition interlock device, that a judge might reconsider the SCRAM restriction and give you a break.
Good luck with your case.
Asker,
While the other attorney from seattle has been answering your string of questions with some good information here is the point I think you should takaway. These pre-trial issues are at the discretion of the judge, you need a good ovi lawyer who knows that court, they can help you in that regard. The issues on SFST, stop, ect will also be analyzed and challenged by them. Trying to do this youself will not be productive in my experience and having an attorney who does not focus on ovi can put you at a disadvantage.
While I am an Ohio OVI lawyer, I do not practice in NE Ohio, I alwyas reccomend either Mark Gardner or Ken Bossin, they are both excellent NE Ohio OVI lawyers.
Sorry for any spelling / typos, I am on my blackberry.