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

Georgetown, DE |

how can i prove my innocence?

Attorney Answers 5


  1. 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 Memmen is donating his time and talent by answering questions to help those in need of legal information. THIS IS NOT A CONSULTATION and in no way creates an attorney-client relationship. Alexander Memmen recommends that you always consult – in person – with a local attorney before taking any action.


  2. 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&source=web&cd=1&cad=rja&ved=0CC8QFjAA&url=http%3A%2F%2Fbi.com%2Ftad&ei=B1LwUbKYOoXGqwGlw4HIAg&usg=AFQjCNHeQ1Qtz3sA2xUNmsSw_QGe9t50xQ&sig2=jmr9K9SUJvzMOoqbmpxISQ

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


  3. 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.


  4. 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 are not intended to be taken as legal advice. These opinions are based on New York practice. I may be contacted at 212-553-9300.


  5. 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.

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