My daughter has been randomly urine tested for alcohol every week for one year; all of her tests have been negative. Last month, due to a clerical error, a warrant was issued by county #1 for her original charge which had been dismissed by county #1 a year earlier. She was arrested on that warrant in county #2 where she is now living and appeared in court. The judge asked that she wear a SCRAM bracelet until a court date set for March l7, 2017. She agreed and wore it without incident. On March l7, Thursday, the metal detector at the courthouse set off the Scram. That court date was cancelled as county #2 had failed to file the paperwork on the warrant and a new court date was set for April 13. Later that day, she received a call from the officer administering the SCRAM who stated her bracelet sent a tampering alert. She had not tampered. The tampering occurred from exactly 6:00 pm to the following 6:00 am. (Not 6:01 to 6:03 or any variation). He issued warrant for tampering. She signed a PTA form and was not arrested but the tampering charge was added to the warrant from county #1 to be heard on April 13. The only anomaly was the metal detector.
I have not heard of this but have seen many people with electronic monitoring devices pass through the metal detector. I would think they did not get violated for tampering. As I understand your explanation I am curious why the court would require monitoring on a case that was dismissed a year earlier only to not have been cleared by a clerical error. A mistake in failing to enter the dismissal on the form does not reinstate a dismissed cased. You should ask your lawyer about this.
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