I am on pretrial bond and blew a violation on the in home monitor not because of alcohol it was because of raid fumigator

Asked about 2 years ago - Houston, TX

First offense dwi class a

Attorney answers (3)

  1. 4

    Lawyers agree

    Answered . Is there a camera on your device? As I recall, the in home device has a camera on it which may help in your defense. The problem with these devices is that they cannot distinguish ethanol from other types of alcohol. This is why you are given a list of things that you can and cannot do and products that you can and cannot use while one of these devices is installed in your home. You may want to contact Pre Trial Services,or whoever is handling your pre trial release, and explain to them what happened. Do you have witnesses who can verify your story? You may need them. A lot will depend on the judge presiding over your case. For example,County Criminal Court 14 would probably require you to come in for an admonishment by the Judge. The worst thing that can happen is that they can forfeit your pre trial bond, which can cause you to be taken back into custody. Even though you would be entitled to a new bond by law, the court could raise the amount required to make bond, and require additional pre trial conditions. Be sure the air is clear the next time you blow. Good Luck, and I hope this helps.

    James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. I only represent people... more
  2. 4

    Lawyers agree

    Answered . You need to discuss this with your attorney. He will know what your judge is most likely to do. Many will just admonish you that if it happens again you are going to jail, while others will simply put you in jail. I haven't heard the Raid excuse before, but the judges have heard everything so they don't believe much. Be very careful with that device.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  3. 4

    Lawyers agree

    Answered . You contact your attorney so they can be prepared in case pretrial services files a motion to revoke bond. Your attorney can also look into whether or not the raid fumigator has caused home monitors to alert.

    Bobby Barina's answer to a legal question on Avvo does not establish an attorney-client relationship. Mr. Barina... more

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