Ask Me Help Desk - Probation violation

My husband was arrested for Dui. After going through the court system for more than a year he was sentenced. Part of his sentence was in house arrest with an ankle monitor and work release. They called him in the other day telling him there were discrepancies in his gps read out. Knowing he did nothing wrong he willing left his job and came back and hour and a half on the bus to make it by the time they said he had to be there. When he arrived they put him in handcuffs and took him to jail. They said he never returned home the night before which is totally wrong as I was with him 24/7 only leaving the house that morning at the time allowed to get to the bus for work. How can we prove this? It's our word against a machine. I have had my reservations about this monitor from the beginning. The first night WE hooked it up an alarm went off in the middle of the night (why we don't know). Called the PO the next day to tell him what happened and was told not to worry aobut it and then heproceeded to tell my husband it registered that he was out of range between 1 and 2 that morning which is also on true. What can I do?

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Originally Posted by suemillerlynn

My husband was arrested for Dui. After going thru the court system for more than a year he was sentenced. Part of his sentence was in house arrest with an ankle monitor and work release. They called him in the other day telling him there were discrepancies in his gps read out. Knowing he did nothing wrong he willing left his job and came back and hour and a half on the bus to make it by the time they said he had to be there. When he arrived they put him in handcuffs and took him to jail. They said he never returned home the night before which is totally wrong as I was with him 24/7 only leaving the house that morning at the time allowed to get to the bus for work. How can we prove this? It's our word against a machine. I have had my reservations about this monitor from the beginning. The first night WE hooked it up an alarm went off in the middle of the night (why we don't know). Called the PO the next day to tell him what happened and was told not to worry aobut it and then heproceeded to tell my husband it registered that he was out of range between 1 and 2 that morning which is also on true. What can I do?

You will need to get an Attorney. I'm sure the PO (and Court) will take the position that you are his wife and may lie on his behalf.

The Attorney will need to get an Order to test that particular monitor.

I wouldn't waste any time.

Just for info - this seems like a very harsh sentence (including the length of time going through the Court system) for one DUI. What State (so I never move there)?

In answer to your question I live in Pennsylvania. It was his second dui the first being 7 years ago. You don't know the crap we've gone through for the last year trying to get into the court system and start making things right. As for testing the monitor, that is still at the house but when they took him to jail they removed the ankle bracelet. So who knows if they could even do any testing maybe the problem is with the bracelet and now who knows where it is.

Quote:

Originally Posted by suemillerlynn

In answer to your question I live in Pennsylvania. It was his second dui the first being 7 years ago. You don't know the crap we've gone thru for the last year trying to get into the court system and start making things right. As for testing the monitor, that is still at the house but when they took him to jail they removed the ankle bracelet. So who knows if they could even do any testing maybe the problem is with the bracelet and now who knows where it is.

Pennsylvania is tough on DUI, particularly with a prior. As far as the ankle bracelet they are all numbered and an Attorney can find it.

Whether it's now been re-calibrated is anyone's guess but, again, an Attorney should be able to make a good argument on your behalf.

Someone posted some time ago about one of the meters that Pennsylvania requires in order to start the car. She swore up and down she had not been drinking, in fact was leaving work, no mouth wash, nothing, and she got violated.

So mistakes do happen.