Ive been found positive for an alcohol event on a tad ankle monitor. i have not consumed any alcohol. what is my defense?

Asked over 1 year ago - Georgetown, DE

how can i prove my innocence?

Attorney answers (5)

  1. Michael W Modica

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . you would have to examine the calibration records for the testing device, and whether proper protocol was followed. My understanding from at least one case in Sussex county is that the devices are not properly calibrated, and therefore the test results may not be reliable.

  2. Alexander Mchenry Memmen

    Contributor Level 15

    2

    Lawyers agree

    Answered . Your defense is that you didn't consume alcohol. Proving that the monitor malfunctioned will require you to hire a lawyer and an expert witness to testify about the monitor. It will be a difficult and expensive proposition. Wish I had better news. Go see a lawyer right away.

    IF YOU FOUND THIS ANSWER HELPFUL PLEASE CAN THANK ATTORNEY MEMMEN BY MARKING IT “BEST ANSWER” or “HELPFUL.” Mr... more
  3. Frank Mascagni III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You need an experienced criminal defense attorney ASAP to defend any motion to revoke your bond or revoke you sentence.

    https://www.google.com/url?sa=t&rct=j&q=&esrc=s...

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  4. Mani Khavajian

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Contact a good local criminal defense attorney as soon as possible.

    This is general information and not legal advise. This communication does not create a lawyer-client relationship.
  5. Andrew Lawrence Weitz

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Proving that there was a false positive (likely not properly calibrated) is going to take time and money. And a defense lawyer and an expert familiar with the science behind ankle monitors.

    I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer... more

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