Removing the CAM
After imposing a lower bond or ROR, the judge’s in Pinellas County, FL, might impose additional pre-trial release conditions such as a Secure Continuous Remote Alcohol Monitoring “SCRAM” program or a continuous alcohol monitoring “CAM.”
The judge is most likely to order the CAM or SCRAM monitor when a person accused of DUI when:
- the DUI resulted in a crash involving property damage;
- the person has a prior DUI conviction or other alcohol-related charges;
- a child passenger was found in the vehicle; or
- the BAC was over .20 or sometimes even over .15.
Most recently, the judges have even started ordering the CAM or SCRAM for non-alcohol-related offenses such as domestic violence battery or other crimes if the criminal report affidavit alleges that the defendant was intoxicated at the time of the incident.
Attorney for Removing the CAM in Pinellas County, FL
If the court imposed a special condition of pre-trial release that required you to use a continuous alcohol monitoring “CAM” or a Secure Continuous Remote Alcohol Monitoring “SCRAM” program, then contact an experienced criminal defense attorney.
Learn more about how your attorney can petition the court to get the CAM or SCRAM monitor removed. The criminal defense attorneys for Pinellas County at Sammis Law Firm fight cases at the courthouse in the Criminal Justice Center (CJC) in Clearwater, FL.
We can help you avoid an accusation that you violated pre-trial release in Pinellas County, FL.
To discuss your case, call 813-250-0500.
Why Did the Judge in Pinellas Impose the CAM or SCRAM Condition?
The Pinellas County Sheriff’s Office recently purchased devices manufactured by SCRAM Systems technologies. The sheriff’s office is charging an administrative fee of $10 per day for individuals ordered to wear the device.
At first appearance, judges in Pinellas County are frequently making it a condition of pre-trial release that the defendant have a CAM for any second DUI. The cost of the CAM monitor is $10 a day.
The cost of the CAM monitor creates a serious financial burden for anyone charged with DUI. Consider the fact that if the case is pending for several months, the cost of the CAM will exceed the maximum fine for the offense. It can be argued that this form of pretrial punishment is prohibited by the Fourteenth (14th) Amendment.
In State v. Torres, 890 So. 2d 292, 296 n. 4 (Fla. 2d DCA 2004) (citing Bell v. Wolfish, 441 U.S. 520 (1979)), the court found that “[i]f a pretrial release condition is excessive in relation to its nonpunitive purpose, it may amount to a due process violation.”
If you are accused of tampering with the CAM or SCRAM device, you can be charged with TAMPERING WITH AN ELECTRONIC MONITORING DEVICE, a third-degree felony under Section 843.23.
Sample Motion to Remove a Pretrial Release Condition
The judge assigned to your case can remove the requirement that you wear the continuous alcohol monitoring device or SCRAM if your attorney files a “motion to remove” that pretrial release condition.
We have included a sample of the motion that can be used to remove the SCRAM or CAM monitor below.
IN THE COUNTY COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
STATE OF FLORIDA,
MOTION TO REMOVE CONTINUOUS ALCOHOL MONITOR
The Defendant, by and through undersigned counsel, respectfully requests this Honorable Court to enter an Order Remove Continuous Alcohol Monitor (“CAM”), and as grounds for this motion the Defendant would show:
- On ______, the Defendant was arrested for the following charges: ______________________.
- As part of the pretrial release requirements, the Defendant was ordered by the court to be fitted with a Continuous Alcohol Monitor (“CAM”), prior to her release from Pinellas County Jail.
- The purpose of the Continuous Alcohol Monitor (“CAM”) was to ensure that Defendant was not consuming alcohol during the pretrial period of the case.
- As of this date, the Defendant has not had any instances of alcohol use for thirty (30) days.
- Additionally, [because Defendant is indigent], the cost of the Continuous Alcohol Monitor is a financial burden on the Defendant.
- After ___ more days, the cost of the CAM will exceed the statutory maximum fine allowed for the charge of _________, which creates a violation of due process.
- In State v. Torres, 890 So. 2d 292, 296 n. 4 (Fla. 2d DCA 2004) (citing Bell v. Wolfish, 441 U.S. 520 (1979)), the court acknowledged that “[i]f a pretrial release condition is excessive in relation to its nonpunitive purpose, it may amount to a due process violation.”
- The Defendant has already completed Level I or Level II DUI school and had the evaluation to determine whether additional counseling is required.
- [List any other mitigating factors unique to the case].
WHEREFORE, for the above mentioned reasons, the Defendant respectfully requests this Honorable Court reconsideration of the pretrial release requirement that the Defendant wear a Continuous Alcohol Monitor (CAM) and delete that requirement from the pre-trial release conditions.
[enter attorney’s signature line]
NOTICE OF HEARING
YOU ARE NOTIFIED that the above will be heard before the Honorable [Judge’s Name], Pinellas County Justice Center, 14250 49th Street North Clearwater, FL 33762 on [date] at [time] in Courtroom [number] on the [number] floor of the courthouse.
I do certify that a copy hereof has been furnished by email/physical delivery to the State Attorney, County Justice Center, Clearwater, Florida, on September ___, of 2019.
[enter attorney’s signature line]
SCRAM Systems in Pinellas County, FL
Since 2003, SCRAM Systems has provided electronic monitoring solutions, beginning with the SCRAM Continuous Alcohol Monitoring. Ten years later, the company expanded its product line with SCRAM Remote Breath, SCRAM House Arrest, and SCRAM GPS.
The company monitors more than 37,000 individuals each day while working with courts, service providers, and law enforcement agencies throughout the United States, including the Pinellas County Sheriff’s Office.
A Program Manager (PM) for SCRAM CAM and SCRAM Remote Breath has been assigned to the Pinellas County Sheriff’s Office to provide support to the agency.
The program manager reviews the SCRAM Systems Reporting Package to reinforce the use of standard reports for improved court communications and program effectiveness.
The program manager also reviews the court-testimony request process and helps prepare Non-Compliance Reports and court reports for confirmed events resulting in formal court hearings.
Warrants When the CAM Finds an Alcohol Consumption Event
In many DUI cases in Pinellas County, FL, the court will impose a condition that the defendant wears a Continuous Alcohol Monitor (CAM). If an employee with Pretrial Services suspects that the defendant’s CAM shows that alcohol was consumed, then a report will be generated to confirm the “alcohol consumption event.”
Thereafter, Pretrial Services will allege that the defendant violated the condition of the bond or ROR that required the defendant to consume “no alcohol.”
As a result of that allegation, the court might order the clerk to issue a capias, a type of arrest warrant, based upon the oral motion and testimony of ASU Specialist Jennifer Miller 56915, with pretrial services.
The “Order Directing Clerk to Issue a Capias” might provide for “no bond” or it might list a higher bond amount such as $5,000 or no bond at all. The order might impose additional conditions of release. Attached to the order is a personal data information sheet with the information provided by the investigating officer.
This article was last updated on Wednesday, September 30, 2020.