January 2018 - SCRAM Violation
Facts:
My client had violated her SCRAM test due to consuming a large amount of cough medicine, which caused a positive alcohol screen. As a result, the Commonwealth filed a motion for a warrant for my client's arrest.
Outcome:
After the Commonwealth moved to revoke our client's pre-trial conditions because of the SCRAM violation, we successfully argued that the unit was unable to detect mouth alcohol. Because the measuring device SCRAM utilizes a fuel-cell, it does not have the capability of detecting mouth alcohol. My client was extremely ill and had consumed medicine prior to the breath test sample. With the help of our expert and after an evidentiary hearing, the court ruled that it was not satisfied that the Commonwealth had met their burden. My client was able to return home and continue her recovery and new job.