Response: The first two of the following paragraphs are excerpted from Mr. Barone's May 2005 Champion article: 2005 National Association for Criminal Defense Lawyers, Inc. , reproduced with permission, all rights reserved. Because all drinking driver cases involve an at least alleged use of alcohol, it is usual for the courts to require abstinence from alcohol while the case is pending.
It is also common to make continued abstinence a term of probation. The dilemma for the courts then becomes how to best monitor the offender so that there is some reasonable assurance that the court's order is being obeyed. Traditionally the courts have employed various methods for this purpose, including random or daily breath testing, attendance at Alcoholics Anonymous or even a breath alcohol tether installed at the offender's home.
While each method presents its own host of problems, one common shortfall is that none of them is continuous. To address this perceived need for alcohol monitoring ... more.
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