By Matt Liscovitz
FRESNO – Thomas Clark entered court this week facing the possibility of jail time for an inability to pay probation fees. He avoided handcuffs, but his journey through the world of court fines and fees is far from over.
Clark had two matters on the docket in Dept. 1 of Fresno County Superior Court. First, his trial date on misdemeanor charges of driving under the influence had arrived. Second, Clark was set to be arraigned on a violation of probation charge stemming from a previous misdemeanor DUI conviction.
After Clark announced he was ready for trial, Judge William Terrence informed him—as he had done for all cases set for trial that afternoon—that there were no courtrooms available to accommodate trials at that time. The case would have to be continued to a later date.
That left the matter of Clark’s probation violation. After Clark had previously violated his probation in connection with a 2018 DUI charge, the court had ordered him to wear a SCRAM bracelet, a device that continuously monitors the wearer’s sweat to determine if he has ingested alcohol.
But SCRAM Systems, the company that owns and operates the bracelets, had recently informed the court that it was no longer monitoring Clark, placing him in violation of the terms of his probation.
Stephanie Winemiller, Clark’s attorney, informed the court that prior to this, Clark had spent more than 100 days on SCRAM monitoring without incident. She urged Judge Terrence to refrain from ordering Clark into custody while he awaited trial.
Then Clark spoke up. SCRAM Systems had terminated his monitoring for failure to pay the company’s fees. “I didn’t want to be off,” he told the judge. “It had nothing to do with me violating the bracelet. I haven’t had alcohol since January.”
According to Clark, he paid as much of the company’s required start-up fees and monthly installments as he could. Facing difficulty finding a job during the pandemic, however, he still owed the company around $1,000. “I made my payments and they just wanted me to make faster payments,” he said. “I’m still paying them.”
Winemiller verified that she had spoken with SCRAM Systems, and they had terminated Clark for non-payment.
Judge Terrence was perplexed.
“My alternative [to custody] was to have you on the SCRAM monitor,” he said. After mulling his options in silence for 30 seconds, he asked Winemiller and the Assistant District Attorney, BreAnne Ruelas, to meet him in virtual chambers to discuss his options.
Later that afternoon, Judge Terrence recalled Clark’s case after the parties had come to an agreement on how to resolve both matters.
Clark agreed to plead no contest to the DUI charge, and Judge Terrence sentenced him to three years of probation. Clark must pay $1,945 in fines and enroll in a multiple-offender DUI course.
If he owns a vehicle, Clark must install an ignition interlock device—a mechanism that prevents a driver from operating his vehicle prior to taking a breath alcohol test—within 30 days. If he does not own one, he must provide proof of that fact to the Department of Motor Vehicles. Finally, Clark, when driving, will be subject to searches of himself and his vehicle, with or without probable cause or reasonable suspicion.
As part of the deal, Clark admitted the probation violation. Judge Terrence ordered him to pay a $150 fine. He did not address whether Clark had to pay the outstanding balance to SCRAM Systems that formed the basis of the charge.
Matt Liscovitz is a graduate of the University of Michigan Law School and a Post-Bar Fellow in the San Francisco Public Defender’s Office.
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