WOODLAND, CA – Superior Court Judge Daniel Wolk this past week here in Yolo County Superior Court ruled there was a probation violation despite claims by the defense that a deputy district attorney relied on facts not in evidence.
Previously, after being charged with driving under the influence/DUI, the accused was put on probation with a condition of probation that the accused keep a wristband on from the company, SCRAM, which tracks blood alcohol levels.
The prosecution’s witness, Abigail Aguilera, a court liaison for SCRAM, testified there are many conditions one must follow when wearing the wristband for it to function properly, including avoiding activities like swimming.
The SCRAM website also states that “participants should avoid any hygiene or personal products, like lotions, colognes, and perfumes, that contain alcohol, especially on areas near the bracelet.”
The accused and his partner took the stand, both testifying that while wearing the bracelet the accused was sick and having trouble breathing. The accused testified to taking NyQuil for this illness twice.
After taking this medication the accused said there may have been some noise coming from the receiver but it was consistent with the typical noise the monitor would make.
The accused also said they never received a phone call making him aware these elevated blood alcohol levels were caused from the NyQuil.
The accused’s defense attorney argued the elevated levels were an accidental result of his NyQuil medication and should be treated as any other similar accidental interference with the wristband, like swimming.
The prosecution responded by saying it was unlikely NyQuil would raise one blood alcohol level to .025 and .04. They didn’t, noted the defense, did not provide evidence of that in court.
Judge Wolk remarked the statement from the prosecution that it was unlikely NyQuil would raise one’s blood alcohol levels was relying on facts not on evidence.
However, Judge Wolk still found the accused violated his probation and sentenced the accused to a 30 day jail sentence with the possibility of serving the time with a work program, over defense arguments this sentence could disrupt the accused’s life and employment.
